CHHAYA NAGARPALIKA Vs. JAYENDRA K RAWAL

JUDGEMENT

(1.) By way of present petition, the petitioner has prayed to quash and set aside the Award dated 02.02.2000 passed by the Labour Court in Reference (L.C.J.) New No. 1079 and Reference ( L.C.R) Old No. 771 of 81 whereby the petitioner is is directed to grant reinstatement with continuity of service with 30% backwages to the petitioner.

(2.) The respondent was appointed as Smashan Clerk on ad-hoc basis. As he has not possessed requisite qualification for the said post, vide resolution dated 21.08.1987 passed by the Working Committee, he was dismissed w.e.f. 01.10.1987. The respondent before approaching the Labour Court, Junagadh, filed Civil Suit challenging the same dismissal. The respondent without mentioning the fact regarding his filing a Regular Civil Suit challenging the said dismissal before the Civil Court, approached the Labour Court, Junagadh claiming for various reliefs and challenged the dismissal order by way of aforesaid reference. The Labour Court after adjudicating the matter, has passed the aforesaid award which is challenged in the present petition.

(3.) Learned advocate for the petitioner has submitted that in spite of the Resolution dated 21.08.1987 passed by the Working Committee giving dismissal of the respondent was produced on record before the Labour Court, the Labour Court has wrongly granted reinstatement. He further submitted that inspite of the findings of the Civil Court, the Labour Court has not accepted the same. He also submitted that as per the Resolution (Annexure B) passed by the Committee of the petitioner, the set was not sanctioned for the daily wager employees. Hence, the Labour Court has committed error in granting reinstatement with continuity of service to the respondent.