STATE OF GUJARAT Vs. RAMANBHAI BUDHABHAI THAKOR

JUDGEMENT

(1.) The original respondent has preferred present petition under Articles 14, 16 and 226 of the Constitution of India with a prayer to issue writ, order of direction in the nature of certiorari and/or any other appropriate writ, order or direction in the nature of certiorari to quash and set aside judgment and award dated 13.9.2011 passed by the court of learned Presiding Officer, Labour Court (S.D.), Anand in Reference (LCA) No.70 of 1997.

(2.) Heard Mr.Soham Joshi, learned advocate for the petitioner and Mr.Yogen Pandya, learned advocate for the respondent-workman through video conferencing.

(3.) The brief facts of the case are that the workman has filed Reference (LCA) No.70 of 1997, wherein he has stated that he was working with the petitioner department since 1.9.1980 as daily wager and Rs.450/- was being paid to him as monthly salary. It was contended by the workman that inspite of his continuous and satisfactory service, he was orally terminated with effect from 1.9.1989 without any notice, notice pay or retrenchment compensation in lieu of notice. The workman has issued demand notice dated 24.4.1996 for reinstatement. It is further the case of the workman that when his service was terminated, the department has kept juniors to him in service and, thus, there is breach of Sections 25-F, 25-G and 25-H of the Industrial Disputes Act. On all these grounds, he has prayed for reinstatement in original post with full backwages.