STATE OF GUJARAT Vs. DINESHBHAI KHUSALDAS SOLANKI

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the Constitution of India in which the petitioner has challenged the award dtd. 5/3/2012 passed by the Presiding Officer, Labour Court No.4, Ahmedabad city in Reference (LCA) No.1897 of 2000.

(2.) Heard learned AGP Mr.Shah for the petitioner and learned advocate Mr.Clerk for the respondent no.1.

(3.) Learned AGP for the petitioner submitted that the respondent no.1-workman raised the industrial dispute which was referred to the Labour Court, Ahmedabad. In the statement of claim filed by the respondent no.1, he has submitted that he was working as peon in the petitioner department from 1/7/1999 and he was getting Rs.1500.00 per month and was working for 12 hours in a day. It is alleged that he was orally terminated on 23/2/2000 by the petitioner without holding any departmental inquiry or without giving any retrenchment compensation and thereby the petitioner has violated the mandatory provisions of the Industrial Disputes Act , 1947. It is further submitted that the Labour Court, by way of the impugned award, partly allowed the reference and thereby directed the present petitioner to reinstate the respondent no.1 on his original post with continuity of service. The Labour Court has further directed the petitioner to pay 15% back wages to the respondent no.1. The petitioner, therefore, preferred the present petition.