MADAN RAMSINGH RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India praying for the following reliefs :

(2.) Heard learned advocate Mr.Pathak for the petitioner, learned advocate Ms.Dhruvi Desai with learned advocate Mr.Raval for respondent no.2-Panchayat.

(3.) Learned advocate for the petitioner submitted that the petitioner was appointed on the post of Chokidar on 18/3/1985 and worked continuously till the date of his termination i.e. upto 1/9/1989. The services of the petitioner were terminated without following the procedure. The petitioner raised the industrial dispute which was referred to the concerned Labour Court and registered as Reference (LCK) No. 329 of 1990. The Labour Court, Kalol passed the award on 28/9/1994 and allowed the reference. The respondent no.2 was directed to reinstate the petitioner with full back wages. The respondent no.2, therefore, filed petition being Special Civil Application No.1815 of 1996 before this Court. This Court dismissed the said petition vide order dtd. 11/9/1996. It is submitted that the petitioner was thereafter reinstated and immediately his services were once again terminated. The petitioner once again raised the industrial dispute which was referred to the Labour Court, Kalol which was registered as Reference (LCK) No.490 of 1997. The Labour Court, after considering the evidence produced before it, passed the award dtd. 11/2/2002 and thereby directed the respondent no.2 to reinstate the petitioner with full back wages.