DOCSUNS SERVICES PVT LTD Vs. JAGBIRSINH M BHADORIYA

JUDGEMENT

(1.) THIS petition is filed against the judgment and award dated 07.04.2003 passed by the Labour Court, Ahmedabad in Reference (LCA) No.854/2000 whereby, the reference was partly allowed and the petitionerCompany has been directed to reinstate the respondentworkman on his original post with continuity of service and full back wages and cost of Rs.300/. The petitioner has also challenged the order dated 14.11.2005 passed in Misc. Application No.195/2003 whereby, the application praying for setting aside the award came to be rejected.

(2.) THE facts in brief are that the respondent herein raised an industrial dispute on the ground that the petitioner had terminated his services in complete breach of the provisions of the Industrial Disputes Act. The dispute was numbered as Reference before the Labour Court and it was decided by way of impugned judgment and award dated 07.04.2003.

(3.) HEARD learned counsel for the respective parties. It appears that the respondentworkman did not resume the duties in pursuance of the order passed by this Court. The respondentworkman does not appear to be interested in working with the petitionercompany. Under such circumstances, this Court is now required to consider the award only qua the direction regarding grant of continuity of service and full back wages.