STATE OF GUJARAT Vs. TAKHATSINH SHIVABHAI CHAUHAN

JUDGEMENT

(1.) By way of this petition, the petitioner has challenged the impugned judgement and award passed by Labour Court, Godhra, in Reference L.C.G. No. 359 of 1996 on 7.1.2006. The Labour Court by the said judgement and award allowed the Reference with a direction to the petitioner to reinstate the respondent workman in service with continuity of services and 50% backwages.

(2.) The facts of the case are that the respondent workman filed claim statement in Reference LCG No. 359 of 1996. It is stated by the respondent workman that he had worked from 7.5.1994 to 1995. The petitioner orally terminated the services of the workman without giving any notice or notice pay or retrenchment compensation, in violation of the provisions of Industrial Disputes Act, 1947. The respondent workman also claimed that he had worked for 240 days in a year.

(3.) The said claim statement was resisted by the petitioner by filing written statement. The petitioner stated that the respondent workman worked as a daily wager and denied the claim of the workman that he had worked for 240 days in a year.