STATE OF GUJARAT Vs. RAMNIKBHAI DANABHAI RATHOD

JUDGEMENT

(1.) Heard Mr. KM Antani, learned AGP for the petitioner and Mr. Hardik Shah, learned advocate for the respondent through video conferencing.

(2.) By way of this petition, under Article 226 of the Constitution of India, the State has challenged the award of the Labour Court dated 25.07.2016 by which the Labour Court directed that the respondent be reinstated with 20% backwages.

(3.) Perusal of the award would indicate that the respondent filed a statement of claim at Ex. 3 contending that he was engaged for a period of 6 years with the Water Project of the Petitioner for construction of canals and maintenance of such water works. The case of the respondent before the Labour Court was that he was paid a daily wage of Rs.30/- and that he had completed 300 days of service in each year and on 01.04.1995 he was terminated without following due procedure under Section 25F of the Industrial Disputes Act (for short 'the Act').