CHIEF OFFICER SIDHPUR NAGARPALIKA Vs. RAKESHKUMAR RAJENDRARASAD THACKER

JUDGEMENT

(1.) BY way of present petition under Articles 226 and 227 of the Constitution of India, the petitioner � Siddhpur Nagarpalika has challenged the judgment and award dated 2.4.2002 passed by Presiding Officer of Labour Court, Kalol, in Reference (L.C.K.) No.267 of 1990 by which the respondent has been reinstated with full backwages and with a cost of Rs.251/ to be paid to the respondent � workman.

(2.) THE brief facts arising from the case are as under:

(3.) I have heard learned advocates appearing for the parties. I am of the opinion that, though sufficient opportunity was given by the Reference Court to the petitioner � Municipality, the Municipality had failed in its duty to prove its case and, therefore, there was no alternative for the Reference Court but to accept the say of the workman. The petitioner Municipality has neither produced any documentary evidence nor examined any witness on its behalf and, therefore, the Presiding Officer of Labour Court was right in accepting the say of the workman.