STATE OF GUJARAT Vs. KHIMABHAI NARANBHAI GADHVI

JUDGEMENT

(1.) BY way of this petition, the petitioner has challenged the award dated 09.05.2011 passed in Reference (LCJ) No.8 of 1998 by the learned Presiding Officer, Labour Court, Junagadh whereby labour Court, Jungadh, has partly allowed the said reference and directed the petitioner to reinstate the respondent- workman at his original post with continuous service but without any back wages within 30 days from the date of publication of award. It is further ordered to pay Rs.1001/- as against the cost of reference.

(2.) IT is the case of the petitioner that an industrial dispute was raised by the present respondent-workman before the Assistant Labour Commissioner and the Assistant Labour Commissioner referred the said reference to the Labour Court for adjudicating the issue as to whether the workman is required o be reinstated at his original post with back wages or not.

(3.) LEARNED Assistant Government Pleader for the respondent-State contended that respondent-workman did not complete 240 days in any of the year in which he did work. Respondent workman of his own stopped to come at work.