MUNICIPAL COMMISSIONER Vs. KHODIDAS BACHUBHAI THAKOR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed by the petitioner for following reliefs:-

(2.) Essentially the challenge is to the order of the Labour Court in Reference (T) No.505 of 2007. By the impugned order, the Labour Court has in its operative part held that order of oral termination dtd. 13/8/2004 is illegal and therefore, the respondent-workman was ordered to be reinstated. The Court had issued notice by an order dtd. 10/4/2018, where offer was recorded from the respondent-corporation for offering lump-sum compensation. The matter has been adjourned from time to time and today, when the matter was taken up and continued for substantial period, learned advocate for the respondent has failed to appear. No request made on his behalf and nobody has appeared and hence, with the assistance of learned advocate for the petitioner, the matter is taken up for final disposal considering the matter to be pending at since 2018 , the pleadings are also completed by both sides .

(3.) At the outset, learned advocate for the petitioner submitted that the Labour Court has proceeded on an erroneous footing that the respondent has suffered an illegal termination, whereas it has always been the case of retrenchment. Learned advocate has drawn attention of this Court to the order of retrenchment dtd. 31/8/2004 and submitted that the order in itself would indicate that the respondent-workman has been paid notice pay as provided for and has also been offered the retrenchment allowance. It is also submitted that the order would indicate that as and when if any recruitment is to take place for the same post, the workman would be given priority and hence, the corporation has complied with the requirement of Sec. 25F of Industrial Disputes Act, 1947. Despite this, without there being any evidence on record, the Labour Court has proceeded as if the respondent has been terminated.