STATE OF GUJARAT Vs. THAKOR RAMANBHAI LALJIBHAI

JUDGEMENT

(1.) BY way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has inter alia prayed to quash and set aside the judgment and award dated 09th September, 2008, passed by the Labour Court, Ahmedabad, in Reference (LCA) No.2252 of 2000, whereby the Tribunal has granted reinstatement with continuity of service to the respondent-workman.

(2.) THE facts in brief are that the respondent-watchman had raised an industrial dispute on the ground that the petitioners had terminated his services in complete breach of the provisions of the Industrial Disputes Act, 1947. The dispute was numbered as Reference (LCA) No.2252 of 2000 and it was decided by way of the impugned judgment and award. Being aggrieved by the same, the present petition has been preferred.

(3.) HAVING considered the contentions raised by the learned advocates for the respective parties, averments made in the petition and the documentary evidence produced on record, it transpires that the respondent-workman has been reinstated in service, which is even confirmed by the learned counsel for the petitioner. Further, looking to the facts and circumstances of the case and the past conduct of the respondent-workman as well as the order passed by this Court, I am of the opinion that the Tribunal has rightly passed the judgment and award reinstating the respondent with continuity of service. It is required to be noted that the Labour Court has not even granted any back wages to the respondent.