STATE OF GUJARAT Vs. ASHOKBHAI KANABHAI PARMAR

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the Constitution of India, in which, the petitioner has challenged the award dtd. 8/5/2015 passed the Presiding Officer, Labour Court, Godhra in Reference (LCG) No.85/2012, by which, the Labour Court directed the petitioner herein to reinstate the respondent - workman without any backwages.

(2.) Heard learned Assistant Government Pleader, Mr. Rohan Shah for the petitioner and learned advocate, Mr. Mitul Shelat assisted by learned advocate, Ms.Disha Nanavaty for the respondent no.1.

(3.) Learned AGP Mr. Shah submitted that the respondent - workman was appointed purely on temporary basis as a driver on 1/4/2002. Thereafter, his services were terminated on 1/3/2008, therefore, the respondent raised industrial dispute, which was referred to Labour Court in the year 2008, which was registered as Reference (LCG) No.104/2008 and the Labour Court passed an ex parte award on 30/4/2011, by which, the present petitioner was directed to reinstate the respondent - workman with 50% backwages. It is submitted that as the said award was ex parte, the petitioner submitted an application under Rule 26(A) of the Industrial Disputes (Gujarat) Rules for setting aside the ex parte award and the Labour Court allowed thee said application and thereby Reference was restored to its original file. Thereafter before the Labour Court, the petitioner produced relevant evidence and the witnesses of the petitioner were examined. The respondent - workman also produced documentary evidence and gave deposition and after considering the oral as well as documentary evidence produced by the parties, the Labour Court passed impugned award dtd. 8/5/2015, whereby the aforesaid direction has been issued by the Labour Court that the petitioner shall reinstate the respondent - workman without any backwages.