MEHSANA DISTRICT PANCHAYAT Vs. PANKAJKUMAR URMISHCHANDRA SHETH

JUDGEMENT

(1.) IN both these petitions, the same judgment and award passed by the Presiding Officer, Labour Court, Kalol dated 30.5.2000 in Reference (LCK) No.296 of 1990 is under challenge. Special Civil Application No.163 of 2001 is filed by the employer and Special Civil Application No.3644 of 2002 is filed by the workman.

(2.) BY way of the impugned award, the Presiding Officer of the Labour Court, Kalol has passed an award of reinstating the workman with continuity of service and back wages from 28.3.1997. Being aggrieved by the aforesaid award, the employer has challenged the whole award and the respondent workman has challenged the award for non-grant of back wages from the date of termination.

(3.) PER contra, Mr. P.H. Pathak, learned advocate for the respondent workman submitted that as far as the order of reinstatement is concerned, the Labour Court has rightly appreciated the evidence on record and has rightly come to the conclusion that the termination of the workman was illegal and that the plea taken by the petitioner that the appointment was only for 29 days is taken up for the first time before this Court and the same was not taken before the Labour Court, which cannot be permitted by this Court in its extraordinary jurisdiction under Article 226 of the Constitution of India. Mr. Pathak submitted that the Labour Court, having come to the conclusion that the termination of the workman was illegal, has committed an error apparent on the face of the record by awarding back wages from 28.3.1997 instead of the date of termination. It is therefore submitted that the award qua back wages deserves to be modified as prayed for in the petition filed by the workman being Special Civil Application No.3644 of 2002 and this Court may be pleased to grant back wages from the date of termination.