LAWS(GJH)-2013-1-291

STATE OF GUAJRAT Vs. SANGITABEN P. PARMAR

Decided On January 07, 2013
State Of Guajrat Appellant
V/S
Sangitaben P. Parmar Respondents

JUDGEMENT

(1.) THIS is a petition, whereby the petitioner has challenged the judgment and award of the Labour Court, Jamnagar, Dated :

(2.) 12.2004, rendered in Reference (LCJ) No. 100/ 99, whereby, the petitioner was ordered to reinstate the respondent on her original post with 50 per cent backwages and also awarded Rs.500/- towards costs. 2. The brief facts of the case are as under;

(3.) INSOFAR as the aspect of dismissal of services of the respondent on the ground of misconduct is concerned, from the material on record it is revealed that neither any notice was issued to the respondent nor any departmental inquiry was conducted against her for such misconduct. It has also come on the record through the evidence of the witness of the petitioner, Dr. Arvind Meghji, that before terminating the services of the respondent, no notice, notice pay or the retrenchment compensation was paid to her. I am, therefore, in complete agreement with the view taken by the Labour Court that the order passed by the petitioner is in violation of the provisions of Section 25(f), (g) and (h).