BHARUCH MUNICIPALITY Vs. HITESH VINODCHANDRA KAYASTH

JUDGEMENT

(1.) BY way of this Intra-Court Letters Patent Appeal, the appellant original petitioner has challenged the judgment and order dated 26.08.2011 passed by the Learned Single Judge in Special Civil Application No.11466 of 2011 whereby the Learned Single Judge dismissed the writ petition and confirmed the award dated 11.02.2011 passed by the Labour Court at Bharuch in Reference (LCB) Case No.508 of 2006 whereby the Labour Court ordered reinstatement of the respondent with effect from 07.05.2001 without any back wages.

(2.) WE have heard Mr. Dipak Sanchela, learned counsel appearing for the appellant.

(3.) IN our view, while considering the case on merits, the Labour Court has considered that there is breach of Section 25 (F), (G) & (H) of the INdustrial Disputes Act. It is further observed by the Labour Court that juniors to the respondent were retained by the appellant Municipality. Hence, in our view, since the appellant being a Local authority and being a State within the meaning of Article 12, should not be allowed to practice such discriminatory treatment in case of employment. Further, it may be a different case where the employer looses his confidence in the employee, but it does not give a handle to the employer to terminate the services of a daily wager on his own whims and ask the employee to take only compensation. IN the above view of the matter, we do not find any substance in the arguments advanced on behalf of the appellant. We do not find any illegality in the order of the Learned Single Judge as well as the award of the Labour Court.