DHOLA GRAM PANCHAYAT Vs. VANABHAI KANABHAI

JUDGEMENT

(1.) THIS petition has been filed against the judgment and award passed by the Labour Court, Bhavnagar in Reference (LCB) No.10/1994 & 425/1995 dated 14.10.2003 whereby, the references were partly allowed and the petitioner-Panchayat was directed to reinstate the respondent on his original post with continuity of service and 75% back wages. The petitioner has also challenged the order passed by the Labour Court, Bhavnagar in Misc. Application No.34/2004 filed by the petitioner-Panchayat dated 16.02.2005 whereby, the said application was rejected.

(2.) THE facts in brief are that the respondent herein was working on a Class-IV Post in the petitioner- Panchayat since the year 1980. It is the case of the respondent that his services were orally terminated by the Sarpanch on 16.08.1993 without following due procedure. Therefore, he raised a dispute, which culminated into Reference (IT) No.10/1994. Subsequently, the respondent was reinstated by the petitioner-Panchayat on 01.11.1994. However, by written order dated 28.08.1995, the respondent was again terminated from service. Being aggrieved by the same, the respondent raised another dispute, which culminated into Reference (IT) No.425/1995. Since both the References were filed by the respondent against the same party, they were heard together and by impugned judgment and award, they came to be partly allowed.

(3.) HEARD learned counsel for the respective parties. Mr. MH Rathod learned counsel appearing on behalf of the petitioner-Panchayat submitted that in pursuance of the order passed by this Court dated 26.09.2005 by which the operation of the impugned award was stayed only qua the payment of 75% back wages to the respondent, the petitioner-Panchayat has reinstated the respondent in service on 21.09.2005. He fairly conceded that the only issue which is required to be now decided by this Court is with regard to back wages.