DEPUTY EXECUTIVE ENGINEER Vs. BHIKHUBHAI KHIMABHAI KOLI

JUDGEMENT

(1.) BY way of present petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the legality and validity of the judgment and award dated 10th January, 2008 passed by the Labour Court, Rajkot in Reference (LCR) No.304 of 1991, whereby the said Reference was partly allowed and the respondent- workman was ordered to be reinstated on his original post with continuity of service, 40% back wages and was also granted benefit of the Government Resolution dated 17th October, 1988.

(2.) THE facts in brief are that the respondent-workman had raised an industrial dispute before the Labour Court seeking reinstatement with continuity of service and full back wages from the date on which his services were terminated by the petitioner. In the Statement of Claim, the respondent-workman stated that he joined the service of the petitioner-State in the year 1990 but, his service came to be orally terminated on 15th October, 1995. The Labour Court partly allowed the reference by way of the impugned award. Hence, this petition.

(3.) HAVING considered the contentions raised by the learned counsel for the parties and the documentary evidence produced on record as well as the averments made in the petition, it transpires that the Labour Court after appreciating the pros and cons of the matters has rightly arrived at the conclusion. The Labour Court has rightly considered the documentary evidence produced on record and granted only reinstatement with continuity of service to the respondent-workman. It is pertinent to note that the Labour Court has also rightly observed that though the respondent-workman had completed 240 days of service as per the provisions of the Act, he was neither issued any retrenchment notice nor was he paid any retrenchment compensation nor was he paid any amount in lieu of notice period and therefore, the petitioner committed breach of provisions of Section 25-F of the Act.