LAWS(GJH)-2022-12-341

USHA AGENCY Vs. RAMESH JETHABHAI PARMAR

Decided On December 12, 2022
Usha Agency Appellant
V/S
Ramesh Jethabhai Parmar Respondents

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for quashing and setting aside the impugned judgment st and award dtd. 1/3/2018 passed by the Labour Court, Rajkot in Reference (LCR) No.106 of 2007 whereby the lump-sum compensation of Rs.38,000.00 has been awarded to the respondent - workman in lieu of his reinstatement and back-wages.

(2.) It is the case of the petitioner that the petitioner is in the business of footwear and the respondent was working under the petitioner since 2007 and without there being any justifiable reasons, the respondent- workman stopped coming to the duty as he being a skilled worker started working somewhere else and was earning good salary.

(3.) Though the respondent-workman's services were never terminated, he raised the false industrial dispute, according to the petitioner before the Labour Court, Rajkot and ultimately that was culminated into service Reference (LCR) No.106 of 2007, wherein the case of the respondent - workman was that he was serving under the petitioner for a period of 15 years and thereafter, without following due procedure his services were terminated.