BANASKANTHA DISTRICT PANCHAYAT Vs. KIRTIKUMAR AMRATLAL JOSHI

JUDGEMENT

(1.) BY way of this Intra -Court Letters Patent Appeal, the appellant original petitioner has challenged the judgment and order dated 20.09.2011 whereby the Learned Single Judge dismissed the writ petition and confirmed the award dated 19.05.2011 passed by the Labour Court, Palanpur in Reference (LCP) No.81 of 2004 whereby the Labour Court granted reinstatement with continuity of service on the original post with 25% back wages.

(2.) HEARD Mr. H. S. Munshaw, learned counsel appearing for the appellant.

(3.) THE facts of the case are that the respondent No.1 workman was appointed as Peon in the year 1991. Thereafter, in 2004, when certain persons were appointed on compassionate ground, a person was posted vice the respondent No.1 workman and therefore, the services of the respondent No.1 workman were discontinued. The respondent No.1 approached the Labour Court, Palanpur by filing Reference (LCP) No.81 of 2004 and the Labour Court vide award dated 19.05.2011 allowed the reference and directed reinstatement with continuity of service on the original post with 25% back wages.