DISTRICT PANCHAYAT Vs. ARVINDKUMAR KESHAVLAL CHHAG

JUDGEMENT

(1.) The petitioner has challenged the judgement and award dated 29.05.2000 passed by the Labour Court No.2, Junagadh in Reference (L.C.J.) No. 317 of 1993 whereby the petitioner was directed to reinstate the respondent-workman on his original post with continuity of service and with 50% backwages.

(2.) It is the case of the respondent that he was employed as daily wage driver during the routine work of heavy rains and flood in Junagadh District and employed by Deputy Engineer in the year 1982. In May 1984, the services of the respondent were terminated as there was no work. The respondent, therefore raised an industrial disputed which culminated into Reference ( L.C.J.) No. 317 of 1993 and the Labour Court passed the judgement and award stated hereinabove.

(3.) Learned advocate for the petitioner raised a contention that the reference was required to be rejected as it was filed after nine years after the so called termination and particularly when the respondent was a daily wager and had no right to the post. In support his contentionm he relied on the decision reported in 2009 (13) SCC 746, 2002 (10) SCC 167 and 2006(9) SCC 124.