DHORAJI MUNICIPALITY Vs. BAHADURSINH NATUBHA GOHIL

JUDGEMENT

(1.) THIS intra court Letters Patent Appeal has been filed challenging the judgment dated 20.1.2011 passed in Special Civil Application No.521 of 2011 by which the award dated 10.11.2010 passed by Labour Court No.2 Rajkot in Reference (LCR) No.22 of 1998 has been confirmed. The Labour Court has partly allowed the Reference and directed that the respondent workman be reinstated on his original post without back wages. The facts are not disputed that the respondent workman was working as Pump Operator with the appellant since November, 1988 till 20.10.1997. His services were terminated illegally by the appellant on 20.10.1997. We have heard Mr Premal R Joshi, learned counsel for the appellant and Mr Shakti S Jadeja, learned counsel for the respondent.

(2.) LEARNED counsel for the appellant has urged that the learned Single Judge has confirmed the award of the Labour Court only on the ground that the appellant did not produce attendance register as directed by the Labour Court and has drawn adverse inference against the appellant. The findings arrived at by the learned Single Judge in para 7 of the judgment is extracted below: