GABRUBHAI REVABHAI Vs. BOTAD NAGAR PALIKA

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the impugned award dated 07.03.2012 passed by the Industrial Tribunal, Bhavnagar in Reference (I.T.) No.102 of 1998, whereby the reference preferred by the petitioner herein came to be rejected, the present petition is filed by the petitioner - workman under Articles 226 and 227 of the Constitution of India for the following prayers.

(2.) Brief facts of the present case is that the petitioner was working in Class IV Cadre in Botad Nagarpalika and he was initially appointed as daily wager w.e.f. 01.01.1998. It is contended by the petitioner that earlier his service came to be terminated on 27.04.2005 and, therefore, he has raised the industrial dispute by filing a Complaint No.(I.T.) No.7 of 2005 before the Tribunal and the Tribunal has held the impugned action in terminating the service of the petitioner as illegal and directed reinstatement with all consequential benefits vide award dated 30.06.2007. It is further contended by the petitioner that against the aforesaid award, the respondent filed Special Civil Application No.29004 of 2007 before this Court whereby this Court (Coram: Hon'ble Mr.Justice H. K. Rathod) has modified the award vide order dated 02.04.2008 and held that the workman is entitled for reinstatement with continuity of service with 50% of back wages of interim period. It is contended that the petitioner is continuously working from 1998. It is also contended by the petitioner that as the Union has preferred the reference in 1998 for treating the workman as permanent from the date of his appointment along with the prayer of granting him all benefits of permanent employee along with the arrears.

(3.) Heard Mr.T. R. Mishra, learned counsel for the petitioner and Mr.Premal Joshi, learned counsel for the respondent through video conferencing.