EXECUTIVE ENGINEER Vs. CHANDUBHAI MAGANBHAI SODHA PARMAR

JUDGEMENT

(1.) Challenge in this petition is made by the State Authority to the award passed by the Labour Court, Nadiad in Reference (LCN) No.24 of 2000 dtd. 26/2/2014. By the impugned award, the Labour Court has awarded reinstatement of the respondent workman, with 20% back wages.

(2.) Ms.Jyoti Bhatt, learned Assistant Government Pleader has taken this Court through the material on record and has contended that, the workman had not proved his case before the Labour Court and no relief could have been granted to him. It is submitted that, the Labour Court has committed error in awarding reinstatement and in any case, this was not the case where any back wages could have been ordered. It is submitted that the impugned award be quashed and set aside.

(3.) On the other hand, Mr. Yogen Pandya, learned Advocate for the workman has submitted that, the discontinuance of service of the workman is held to be illegal termination by the Labour Court, for which cogent reasons are recorded and therefore no interference be made by this Court. It is further submitted that no interference be made in back wages either. It is submitted that this petition be dismissed.