LAXMIBEN DINESHBHAI SAGATHIYA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) By way of this petition, under Articles 226 and 227 of the Constitution of India, the petitioner-workman has challenged the award dtd. 01/10/2018 passed by the Presiding Officer, Labour Court Rajkot in Reference (LCR) No.70 of 2015.

(2.) By the aforesaid award, the Labour Court has awarded compensation of Rs.40,000.00, 25,000/- or 15,000/- respectively in the respective cases as the case may be. The petitioner-workman has challenged the said award.

(3.) The facts in brief would indicate that it was the case of the workman that she was working as a Safai Kamdar with the Respondents from 9/1/2011 to 31/3/2015 and her services were put to an end in violation of the provisions of Sec. 25F of the Industrial Disputes Act, 1947. The case of the workman further was that since no seniority list was maintained and that the work was still continuing and there were sweepers still engaged there was violation of the provisions of Ss. 25G and 25H of the Industrial Disputes Act, 1947. The Labour Court on perusal of the evidence on record came to the conclusion that the work was carried out for a period of two years and therefore awarded compensation rather than reinstatement.