JAGBIRSINH MANNISINH BHADORIA Vs. DOCSUNS SERVICES PVT. LTD

JUDGEMENT

(1.) This petition under Articles 226 227 of the Constitution of India is filed for quashing and setting aside order dtd. 26/4/2016 passed by the Presiding Officer, Labour Court, Ahmedabad in Recovery Application No.461 of 2015 in Reference (LCA) No.854 of 2000.

(2.) It is a case where the petitioner had worked for more than 16 years and had completed 240 days in each calendar year on the post of security guard in respondent No.1-firm. As the petitioner was released from service without any notice on 30/11/2019, the petitioner approached the Labour Commissioner and filed Reference Application for reinstatement and continuity in service, as a result of which dispute was referred being Reference (LCA) No.854 of 2000. By award dtd. 17/4/2003, the petitioner was directed to be reinstated with full back wages and benefits of continuity of service. The aforesaid award was subject matter of challenge before this Court in SCA No.883 of 2006 and this petition came to be allowed by judgment and order dtd. 5/2/2013, whereby this petition filed by the respondents herein was partly allowed and the award was modified to the extent of setting aside direction of grant of full back wages.

(3.) It is the case of the petitioner that as the petitioner, after order of this Court, approached the respondents for reinstatement, but the the petitioner was not reinstated by the respondents and hence, the petitioner filed Recovery Application No.461 of 2015, which came to be dismissed by the impugned order.