CHETNABEN HARISHCHANDRA SOLANKI Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) In the present writ petition, the petitioner has challenged the award dtd. 19/1/2021 passed by the Labour Court, Godhra in Reference (T) No.54 of 2014. By the impugned award, the Labour court held that termination of the petitioner as illegal and in violation of sec. 25F of the Industrial Disputes Act, 1947 and awarded compensation of Rs.35,000.00 along with cost of Rs.5,000.00.

(2.) Learned AGP Mr. Hardik Mehta for the respondent has submitted that the respondent-State has not challenged the impugned award.

(3.) Learned advocate Mr.Dave has submitted that it is the case of the respondent before the Labour Court that in view of the circular dtd. 10/2/2006 issued by the State Government, the appointments made on part time basis were abolished. It is submitted that there is violation of provision of Ss. 25G and 25H of the Industrial Disputes Act, 1947 (I.D. Act ) since the work is still available and even as per the deposition of the representative of the Respondent-State before the Labour Court, it is admitted that before terminating the service of the petitioner- workman, no notice was issued and no compensation was paid. It is submitted by him that the aforesaid circular dtd. 10/2/2006 was subject matter of challenge before this Court and by the judgment and order dtd. 21/12/2018 in Special Civil Application No.7462 of 2012, this Court has set aside the termination of the employees.