DIPAKGIRI K GOSWAMI Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) BY way of these petitions under Articles 226 and 227 of the Constitution of India, the petitioner-workman has inter alia prayed to hold the action of the Labour Court in not awarding 100% back wages to the petitioner-workman while delivering judgment and award dated 11th February, 2010 passed by the Labour Court, Rajkot in Reference (LCR) No.417 of 2001, to be improper and bad in law and to award 100% back wages to the petitioner-workman, whereas the petitioner-Corporation has prayed to quash and set aside the judgment and award dated 11th February, 2010, passed by the Labour Court, Rajkot in Reference (LCR) No.417 of 2001, whereby the Labour Court partly allowed the Reference and directed the petitioner- Corporation to reinstate the respondent-workman by recategorising him to the post of peon or any equivalent post looking to the physical disability of the workman with continuity of service and protection of his pay as well as 20% back wages.

(2.) THE facts in brief are that the petitioner-workman had raised an industrial dispute on the ground that the petitioner-Corporation had terminated his services in complete breach of the provisions of the Industrial Disputes Act. The dispute was numbered as Reference (LCR) No.417 of 2001 and it was decided by way of the impugned judgment and award. Being aggrieved by the same, the present petitions have been preferred.

(3.) IN view of aforesaid, I am of the opinion that the view taken by the Labour Court is just and proper. The Labour Court has assigned cogent and convincing reasons for arriving at the conclusion. Over and above the reasons assigned hereinabove, I adopt the reasons assigned by the Labour Court and do not find any illegality much less any perversity in the findings recorded. I am in complete agreement with the findings recorded by the Labour Court. No case is made out to interfere with the findings recorded by the Labour Court. Hence, present petitions deserve to be dismissed.