LAWS(GJH)-2011-2-191

STATE OF GUJARAT Vs. BIJAL RAMSING

Decided On February 24, 2011
STATE OF GUJARAT Appellant
V/S
BIJAL RAMSING Respondents

JUDGEMENT

(1.) HEARD learned AGP Mr.A.L.Sharma for petitioner State of Gujarat.

(2.) THOUGH Rule is served to respondents but, no appearance is filed by any of respondents and no advocate is engaged by them. Therefore, matter is taken up for hearing in absence of respondents considering fact that matter being old one and adjourned in all on 14 occasions.

(3.) I have considered submissions made by learned AGP Mr.Sharma and also perused award passed by Labour Court, Surendranagar. The statement of claim has been filed by respondents workmen vide Exh.3. The respondents workmen have raised industrial dispute which was referred for adjudication by appropriate Government on 25.5.1990. According to respondents workmen, they were working since more than 10 years receiving Rs.20.60 ps. daily wage and also doing various kinds of work in nursery, even though their services were terminated on 9.12.1989 without following procedure as required under Section 25(F) of I.D.Act. Therefore, immediately on 12.12.1989 a demand notice was served to petitioner which was remained unanswered. No seniority list has been prepared by petitioner. Therefore, termination order passed by petitioner is illegal and contrary to principles of natural justice.