NARSANGBHAI R. VALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of the learned counsel appearing for the parties, the matter is taken up for final disposal today itself.

(2.) This appeal under Clause 15 of the Letters Patent, is at the instance of the original writ applicant and is directed against the judgment and order passed by the learned Single Judge of this Court dated 06.03.2020 in the Special Civil Application No.5045 of 2020, by which the learned Single Judge rejected the writ application, thereby, affirming the award passed by the Labour Court declining reinstatement with continuity of service and backwages, but at the same time, granting lumpsum amount of Rs.1,50,000/- by way of compensation.

(3.) It appears from the materials on record that, the appellant herein was employed by the respondent No.1 as a watchman in the year 1984. After putting in 19 years of service, he came to be terminated w.e.f. 30.04.2003. The appellant raised dispute on the ground that the termination was in violation of the mandatory provisions contained in Section 25 (F) of the Industrial Disputes Act, 1947 ("The Act, 1947" for short). Ultimately, the Reference was referred to the Labour Court, Bhavnagar. The Labour Court, Bhavnagar after due consideration of the materials on record passed the Award dated 19.05.2015, whereby, the respondents were directed to reinstate the appellant with continuity of service along with 20% backwages. It appears that, the respondents challenged the said award by filing the Special Civil Application No.1045 of 2016 before this Court and the learned Single Judge of this Court vide order dated 29.10.2018 quashed and set aside the award passed by the Labour Court and remitted the matter for fresh decision.