BILIMORA NAGARPALIKA Vs. JASHUBEN JASHAVANTBHAI SOLANKI

JUDGEMENT

(1.) By way of present petition, the petitioner challenged Judgment and Award dated 25.11.2003 passed by the Labour Court, Navsari in Ref. (LCN) No. 60 of 2003, whereby the Labour Court declared that the action on the part of the petitioner-Nagarpalika in orally terminating the services of the respondent-workman was illegal. Thereupon, the Labour Court directed reinstatement of the workman on her original post with 20 % back wages.

(2.) The relevant facts may be noted first. The case of the respondent-workman in his statement of claim at Exh.-4 filed before the Labour Court was that she had been serving since 1.11.1978 as Mahetrani in the Municipality on a daily wage basis and that ever since the date of joining, she worked continuously. She contended that her services came to be terminated orally with effect from 25.01.1998 without any prior notice. It was her case that the action of termination was arbitrary and in breach of the mandatory provisions of Industrial Disputes Act, 1947. It was her further case that after dispensing with her services, the Municipality engaged another person one Parwatiben on her post on permanent basis. She addressed a letter dated 23.12.1998 requesting the Municipality to take her back in service, but in vain.

(3.) This Court while admitting the petitioner on 23.1.2004 passed the following order :