GUJARAT MARITIME BOARD Vs. USMAN SULEMANBHAI

JUDGEMENT

(1.) The petitioner has filed the present petition under Articles 226 and 227 of the Constitution of India challenging the impugned award dated 17.03.2008 passed by the learned Presiding Officer, Labour Court, Junagadh in Reference (L.C.J.) No.30 of 1997, whereby the reference of the respondent is partly allowed to the extent that the petitioner shall reinstate the respondent without back wages.

(2.) It is contended by the petitioner that the respondent -workman has filed the reference contending that he was serving with the petitioner -Board since 1983 and in the year 1994, he has been terminated from the services without following due procedure of law and he has prayed for reinstatement with all other consequential benefits. It is contended by the petitioner that the Board has filed detailed reply wherein it has been specifically raised the point that the workman has worked from 01.12.1983 to 21.07.1984 and he has not completed 240 days in service and the workman himself has stopped to come on the work and he was not terminated by the Board. It is also contended by the petitioner that the Board has already raised the point of limitation that the reference was made after almost 13 years and there is no explanation was offered by the workman for filing the reference after 13 years. It is also contended by the petitioner that though there was no evidence on record, the Labour Court has erroneously passed the impugned award in favour of the respondent. It is further contended by the petitioner that the impugned award needs to be interfered with by this Court and the same is not sustainable in the eyes of law and, therefore, the same may be quashed and set aside.

(3.) Heard Ms.Neha Kayastha, learned advocate for Ms.Sejal Mandavia, learned advocate for the petitioner -Board. Though served, none has appeared on behalf of the respondent.