KHEDA DISTRICT PANCHAYAT Vs. JASHUBHAI DEVABHAI GOHEL

JUDGEMENT

(1.) WE have heard learned advocate Mr. Nikhil Joshi holding brief of Mr. Pradeep Patel for the appellant and in spite of service of notice on the respondent on 10.12.2008, he has neither appeared before this Court, nor filed any affidavit in reply.

(2.) THE appellant has challenged the judgment of the learned Single Judge dated 19.07.2006 passed in Special Civil Application No. 798 of 1999 as well as the award of the Labour Court, Nadiad in Reference Case No. 385 of 1986 dated 21.09.1998. THE respondent was working on daily wages with effect from 1980. He was terminated from service in the year 1983. THE respondent raised an industrial dispute and the Labour Court has accepted the claim of the respondent and has directed reinstatement with continuity of service as well as 25% back wages. In compliance of the award of the Labour Court, the appellant has reinstated the workman on 24.12.2004 and the respondent is working with the appellant since then. Learned counsel for the appellant urged that there was three years' delay in raising the industrial dispute. It is urged that back wages has wrongly been awarded along with reinstatement. THE learned Single Judge did not accept the contention of the appellant and dismissed the writ petition on the ground that the respondent?workman had been terminated without following the due procedure prescribed in law. THE termination has also been found to be in violation of Section 25F of the Industrial Disputes Act, 1947. It has directed reinstatement with 25% back wages.