STATE OF GUJARAT Vs. PARMAR FATAJI BAPUJI

JUDGEMENT

(1.) Rule. Learned advocate Mr. Utsav C. Sheth for learned advocate Mr. Manish Shah waives service of rule on behalf of respondent No. 1.

(2.) This petition under Article 226/227 of the Constitution of India is filed by the State against the award of the Labour Court dtd. 9/3/2018 in Reference (LCH) No. 48 of 2013 by the Presiding Officer, Labour Court, Himatnagar. The State is before this Court in challenge where the direction has been issued awarding under the impugned order, declaring the oral termination of the respondent workman as illegal and to reinstate the respondent to his original status without back-wages however, directed continuity of service and post retirement benefits.

(3.) Learned Assistant Government Pleader immediately draws attention of this Court to the chronology where the petitioner's claim was of oral termination in the year 1998, whereas the industrial dispute is raised only in the year 2013, whereby the delay of 15 years is not explained. Learned AGP has taken this Court to the statement of claim to indicate that there is no explanation even in the statement of claim nor any evidence in the form of deposition to explain the delay which is unreasonable and unexplained. It is submitted that the respondent workman has only claimed in his statement of claim to have worked for a period of 17 years, but has not given any detail regarding his date of appointment/engagement and any other detail where he has worked in the future.