(1.) By way of present appeal under Clause 15 of the Letters Patent, the appellant - State of Gujarat has challenged an oral order dtd. 14/2/2018 passed by the learned Single Judge in Special Civil Application No.9450/2017 upholding the judgment and award dtd. 27/6/2016 passed by the learned Presiding Officer, Labour Court, Nadiad in Reference (LCN) No.75 of 2009 by which the respondent No.1 herein is ordered to be reinstated with 50% of backwages.
(2.) We have heard learned AGP Mr. Tirthraj Pandya appearing for the appellant - State of Gujarat and learned advocate Mr. P.C. Chaudhari, who has filed caveat in this matter on behalf of respondent No.1.
(3.) The case of the appellant - original petitioner is that reference was referred to the Assistant Commissioner of Labour on 17/3/2009 with an issue whether the respondent - workman is required to be reinstated at his original post with full back wages or not. Said reference was then registered as Reference (LCN) No.75 of 2009 before the Labour Court, Nadiad. The case of the workman was that the respondent - workman was discharging his duties as part-time labourer at a monthly wage as prescribed by the Government norms. The claim statement was submitted on the premise that though the respondent - workman had completed 240 days and serving from 2008-09, he was discontinued orally and while discontinuing the services, there is a non-compliance of the mandatory provisions contained under Sec. 25F, G and H of the Industrial Disputes Act, 1947 (hereinafter referred to as " ID Act ").