JUNAGADH AGRICULTURAL UNI (ERSTWHILE GUJARAT AGRI UNI ) Vs. NATHABHAI BHANABHAI C/O S C DHRUV,ADVOCATE AND ORS

JUDGEMENT

(1.) BY way of this petition, the petitioner has challenged the judgement and award dated 5.5.2004 passed by the Labour Court in Reference (LCJ) No. 4 of 1996 whereby the Labour Court has directed the petitioner to reinstate the respondent to his original post with continuity of service and 25% backwages.

(2.) THE facts of the case are that the respondent was engaged as Mali on daily wage basis on ad hoc basis. The respondent has not worked continuously for 240 days during the period of 12 calendar months. He did not report for the work and he himself abandoned the work. As such there was no industrial dispute. The services of the respondent were not terminated by the petitioner. The petitioner asked the respondent to report for work but he failed to report.

(3.) THE respondent raised industrial dispute by way of Reference (LCJ) No. 2 of 1996 before the Labour Court claiming reinstatement with continuity of service and full backwages. He filed statement of claim stating that his services were illegally terminated without issuing any notice.