DISTRICT PANCHYAT SURENDRANAGAR Vs. HEMIBEN DEVABHAI ALIAS HIRABHAI

JUDGEMENT

(1.) The District Panchayat through Deputy Engineer, Roads & Building Division along with Deputy Engineer, Panchayat, Roads & Building Sub-division, Dhrangadhra is before this Court being aggrieved by award and order dated 3rd February 2003, passed in Reference (LCS) No. 128 of 1994 by the learned Judge of the Labour Court, Surendranagar. The learned Judge of the Labour Court, Surendranagar was pleased to partly allow the Reference and hold that action of the petitioner establishment dated 26th February 1992 is illegal and ordered the workman to be reinstated on her original post with continuity of service with full back wages within 30 days from the date of publication of the award. The learned Judge was also pleased to award Rs.200/- as cost to the workman.

(2.) Learned advocate Mr. Kakkad for the petitioner invited attention of the Court to Annexure 'A', which is a Statement of Claim. It is dated 25th October 1996. This is one of the most vague and cryptic Statement of Claim, the Court has come across. What is stated in the Statement of Claim is: 'I , the applicant, was serving with the opponent establishment for last 10 years and I was discharging my duties regularly'. The Statement of Claim is a zerox copy and therefore, this Court has reason to believe that this very Statement of Claim must be before the learned Judge of the Labour Court. It is further stated therein that:

(3.) Taking into consideration the latest decision rendered by the Honourable the Apex Court, wherein, the Honourable the Apex Court has held in no uncertain terms that, 'when such is the position, there is no question of passing an award of reinstatement'.