STATE OF GUJARAT Vs. HASMUKH CHHAGANLAL KHANDHEDIYA

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed to quash and set aside the judgment and award passed by the Labour Court, Rajkot in Reference (LCR) No.169/1995 dated 11.05.2007, whereby, the said reference was partly allowed and the petitioner has been directed to reinstate the respondent on his original post with 25% back wages.

(2.) THE facts in brief are that the respondent was serving as a Peon in the petitionerCompany. It is the case of the respondent that his services were orally terminated on 10.06.1989 without giving any notice or notice pay or retrenchment compensation. Therefore, the respondent raised an industrial dispute, which, ultimately, culminated into a reference before the Court below. In the said Reference, the respondent workman filed the written statement denying all the allegations. The Labour Court, after considering the evidence on record, partly allowed the reference by passing the impugned award. Hence, this petition.

(3.) PURSUANT to the passing of the above order, the respondent has been reinstated in service. Therefore, the only question that now requires consideration is with regard to grant of 25% back wages.