STATE OF GUJARAT Vs. VITTHALBHAI THAKARSHIBHAI SAPARIA

JUDGEMENT

(1.) BY way of this petition, the petitioner -Corporation has challenged the judgement and award dated 21.08.2004 passed by the Labour Court, Junagadh, in Reference (LCJ) No.115 of 1996, whereby the Labour has partly allowed the said reference and directed the petitioner -Corporation to reinstate the respondent -workman with 25% back wags.

(2.) THE brief facts leading to filing of this petition are that the respondent -workman was serving with petitioner -Corporation. However, on 18.7.1985 the service of the respondent -workman was orally terminated by the petitioner -Corporation. Being aggrieved by the action of the petitioner -Corporation, the respondent -workman filed Reference before the Labour Court. The Labour Court vide impugned judgement and award dated 21.08.2004, partly allowed the said reference and directed the petitioner -Corporation to reinstate the respondent -workman with 25% back wags. Hence, this petition.

(3.) I have heard learned advocate for both the parties and perused the material on record. So far as the direction regarding reinstatement of the respondent -workman in service as daily wager is concerned, I find that the Labour Court has rightly passed the order of reinstatement, since the petitioner -Corporation had committed breach of Section 25(F) of the I.D. Act, in terminating the service of the respondent workman.