GUJARAT WATER SUPPLY & SEWERAGE BOARD & 1 ANR Vs. BHARATSINGH SURAJSINGH PARMAR C/O HIMATSINGH CHAUHAN

JUDGEMENT

(1.) BY way of this petition, Gujarat Water Supply and Sewerage Board, has challenged judgment and award of the labour court, Surendranagar dated 5th February, 2005, passed in Reference (LCS) No. 276 of 1992, whereby the labour court held that the action on part of the employer -petitioner herein in terminating the services of the petitioner from 24th April, 1992 was illegal. The labour court directed to reinstate the respondent -workman in service with continuity of service but without any back wages.

(2.) CONTENDING that the petitioner had illegally terminated the services, the respondent invoked the jurisdiction of the labour court, raising industrial dispute that he should be reinstated on his original post with backwages. In the statement of claim filed before the labour court, it was workman's case that he was discharging his duties and was in service since about one year, and his services came to be terminated without following seniority list and that other persons were engaged for the work in his place. It was, therefore, the case that Section 25 -F, 25 -G and Section 25 -H of the Industrial Disputes Act, 1947 were violated.

(3.) WHEN the Notice was issued by this Court, despite service of Notice none appeared on behalf of the respondent -workman. The court issued Rule thereafter in the petition, but nobody appeared even after service of Rule.