GUJARAT AMBUJA CEMENTS LIMITED Vs. MERUBHAI SIDIBHAI GOHIL

JUDGEMENT

(1.) This petition is filed under Article 227 of the Constitution of India in which the petitioner has challenged the Award dtd. 30/8/2017 passed by the Presiding Officer, Labour Court No.2, Junagadh in Reference (T) Case No. 65 of 2001, by which, direction is given to the petitioner to reinstate the respondent - workman with 50% back-wages.

(2.) Looking to the issue involved in the present petition, learned advocates appearing for the parties jointly requested that this petition be decided finally at admission stage. Hence, Rule. Learned advocate Mr. U. T. Mishra appearing for the respondent - workman waives service of notice of Rule for the respondent No.1/contesting respondent.

(3.) Learned advocate for the petitioner submitted that the respondent workman raised an industrial dispute which was referred to the Labour Court, Junagadh. Statement of claim was filed by the respondent workman on 18/6/2003. It was the case of the respondent workman that he was working as an electrician since last 14 years before the date of his termination. It is alleged that the petitioner had terminated the services of the respondent workman on 27/2/1999 without following mandatory provision of the Industrial Disputes Act (I.D.Act). It is also stated that respondent workman entered into service under the contractor M/s. Ravi Construction. Thereafter, his services continued with M/s. A. R. Construction and after that with M/s. Somnath Construction due to change of contract. It is also stated that during the contract period, his services came to be terminated in February, 1999 without due process of law. It is submitted that petitioner filed written statement Exh.12. The parties led documentary as well as oral evidence before the Labour Court and thereafter Labour Court passed impugned Award, whereby the reference of the respondent - workman has been partly allowed. Labour Court directed the petitioner to reinstate the respondent workman at his original post with 50% back-wages. Petitioner has, therefore, filed the present petition.