ROHITKUMAR ATMARAM ACHARYA Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) Heard learned advocate Ms. Pahwa for the petitioner and Mr. D.D. Vyas, learned advocate for the respondents.

(2.) By way of this petition, the petitioner workman has challenged the award made by the labour court, Surendranagar in Reference No. 882 of 1989 (Old No. 1490 of 1987) dated 7.11.1992 whereunder the labour court has set aside the order of termination and has granted reinstatement without back wages for interim period, without continuity of the intervening period.

(3.) Brief facts of the present petition are to the effect that the petitioner was working with the respondent for a period of two years as tracer and his last salary was of Rs.270.00 plus D.A. and his services were terminated on 5/10/1981 and at that time, no notice or notice pay in lieu thereof was given and retrenchment compensation has also not been given to the workman. The petitioner was appointed by the respondent through its Executive Engineer after due selection. At the time of termination of his services, junior employees namely Shilaben were continued. The work which was performed by the petitioner was continued when his services were terminated and, therefore, the workman raised industrial dispute after the period of about eight years which was referred for adjudication on 1st December, 1987 to the labour court concerned. Before the labour court, the petitioner workman filed his statement of claim at Exh.6 and the written statement thereto was filed by the respondent at Exh. 8 and, thereafter, the petitioner was examined at Exh. 9 and on behalf of the respondent, one Mukund C. Raval Deputy Executive Engineer was examined and then vide Exh. 14, one another witness Babulal P. Shah was examined by the respondent. Thereafter, the labour court examined the merits of the matter.