DEPUTY EXECUTIVE ENGINEER Vs. HARISHBHAI JIVANLAL PARMAR

JUDGEMENT

(1.) HEARD learned advocates appearing for the parties.

(2.) THE petitioner, employerfirst party in Reference (LCA) No.132/97, from the Labour Court, Ahmedabad, has approached this Court under Articles 226 and 227 of the Constitution of India, SPECIAL CIVIL APPLICATION/5527/2004 05/09/2012 10:38:20 AM SCA/5527/2004 2/6 JUDGMENT challenging the award and order dated 25/07/2003 passed by the Court whereunder while partly allowing the reference, the petitioner is directed to reinstate the workman with continuity of service and 50% of back wages without any cost.

(3.) THE Labour Court after examining the evidences on record framed issues and came to the conclusion that the workman was not permanent employee, but the workman had completed 240 days so as to entitle him to receive benefits under Section 25-F of the Industrial Disputes Act, as admittedly the provision of Section 25-F are not followed, the termination was declared to be illegal and hence the order of reinstatement with 50% of back wages was ordered looking to the facts. This award dated 25/07/2003, is subject matter of challenge in this petition under Articles 226 and 227 of the Constitution SPECIAL CIVIL APPLICATION/5527/2004 05/09/2012 10:38:20 AM SCA/5527/2004 3/6 JUDGMENT of India.