PORBANDAR DISTRICT PANCHAYAT Vs. VIJAYSINH JASHVANTSINH PARMAR

JUDGEMENT

(1.) The present petition has been filed seeking quashing and setting aside the award dated 02.09.2016 passed by the Labour Court at Junagadh (Camp at Probandar) in Reference (T) No.7 of 2009 preferred by the respondentworkman directing the petitioner to pay lump-sum compensation amount of Rs.75,000/- to the respondentworkman.

(2.) It is the case of the petitioner that the respondent-workman approached the Labour Court for his reinstatement with continuity of service and full back wages on the ground that he was serving under the petitioner-Panchayat as a peon from 01.02.2007 to 30.09.2008 and he was illegally terminated on 30.09.2008.

(3.) Learned advocate for the petitioner has submitted that the respondent-workman was offered work at his request on temporary, ad hoc and daily wage basis, without following due procedure of recruitment and on the basis of availability of work in the office of the Executive Engineer, Roads and Building Division. He was being paid his remuneration out of the Contingency Bill and in absence of work, he was not offered any work and, therefore, it cannot be termed as breach of the provision under section 25F of the Industrial Disputes Act, 1947 (the I.D. Act). He has further submitted that the respondent-workman has not produced any documentary evidence to show that he has worked continuously and completed employment of 240 days in the preceding 12 months of his termination. It is submitted that the award of payment of Rs.75,000/- as lump-sum compensation is burdensome to the public exchequer and, therefore, the same may be quashed and set aside.