STATE OF GUJARAT Vs. SHANTABEN JIVRAJBHAI

JUDGEMENT

(1.) WE have heard Mr. N.J.Shah, learned Assistant Government Pleader appearing for the appellant and Mr. P.R.Desai, learned counsel appearing for the respondent. This Letters Patent Appeal has been filed challenging the order of the learned Single Judge dated 1st August, 2005 passed in Special Civil Application No 7826 of 1997 by which the learned Single Judge has set aside the back wages, but has affirmed the Award with regard to reinstatement of the respondent with continuity of service. The Award of the Labour Court is dated 13th September, 1996 passed in Reference No.(LCR) No. 507 of 1990. The Labour Court has held that the respondent is entitled for reinstatement with 20% back wages.

(2.) HAVING heard the learned counsel for the parties, we find that the Labour Court has not recorded any finding that the respondent has worked for a period of 240 days in the last preceding year. In absence of any finding to the effect that the respondent workman had worked for a period of 240 days, no direction could be issued for his reinstatement with continuity of service and back wages. The learned Single Judge did not consider this aspect of the matter. In view of this position, relief of reinstatement with continuity of service could not be granted to the respondent workman.