RAJENDRABHAI CHANDUBHAI GONDALIYA Vs. DY. ENGINEER

JUDGEMENT

(1.) By way of this petition, the petitioner challenges the order dated 28.02.2018 passed by the Presiding Officer, Labour Court, Bhavnagar, in Reference Case No.02 of 2014, whereby his reference praying reinstatement with full back-wages and continuity of service came to be rejected.

(2.) According to the petitioner workman, he was inducted in service with the respondent No.1 in the year 1979 as "Khalasi" in Machundari River at Una till 1984. It is his case that his services were terminated in January 1984 without issuing any notice, notice pay or retrenchment compensation. It is further his case that his juniors have been taken back in the service in the year 1995 and at that time also the present workman was not offered service. It is asserted that four employees, who preferred Reference No.188 of 1995, whose reference was allowed and they were ordered to be reinstated in service with continuity of service on lump-sum payment of Rs.10,000/- towards the back-wages and all other benefits. According to him, the order passed by the Labour Court in their favour came to be confirmed upto the Division Bench of this Court. Not only the case of above referred employees was considered by the Labour Court, they were ordered to be reinstated. However, there were other employees, who are according to him similarly situated, were terminated and in their case also, they have been ordered to be reinstated and orders passed by the competent Court have been confirmed upto the Division Bench of this Court.

(3.) In short his contention is that his termination is in breach of Sections 25(F), 25(G) and 25(H) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act').