DEPUTY EXECUTIVE ENGINEER Vs. KIRANBHAI MANUBHAI VANAND

JUDGEMENT

(1.) This petition has been preferred against the judgment and award passed by the Labour Court, Nandiad-Anand in Reference LCN No.261/1990 dated 05.02.2007 whereby, the reference was partly allowed and the petitioner was directed to reinstate the respondent-workman on his original post with continuity of service and 50% back wages.

(2.) The facts in brief are that the respondent herein was serving as a Go-down Watchman with the petitioner-Department. However, the Sub-division in which the respondent was serving was closed down with effect from 30.11.1986. Thereafter, the respondent herein was not given employment in any other Division. Being aggrieved by the said action, the respondent raised an industrial dispute, which culminated into a reference before the Labour Court. After hearing both sides, the Labour Court partly allowed the reference, by way of the impugned award. Hence, this petition.

(3.) Heard learned counsel for the parties. While admitting the matter on 26.07.2007, this Court had stayed the operation of the impugned award qua granting 50% back wages only on condition that the respondent is reinstated in service. Pursuant to the said order, the respondent was reinstated and has been continued in service. From the records of the case, it appears that the provisions of Sections 25(F) of the I.D. Act were not duly complied before discharging the respondent from service and therefore, the Labour Court directed to reinstate the respondent in service. In my opinion, the reasonings given by the Labour Court while directing reinstatement with continuity in service are just and legal and I concur with the same.