ANAND NAGAR PALIKA Vs. AVINASH RAVJIBHAI MECKWAN

JUDGEMENT

(1.) MR . Darji, leanred advocate is not appearing for respondent. His name to be deleted.

(2.) THIS petition is directed against the judgement and award dated 04.09.2004 passed by the learned Presiding Officer, Labour Court, Anand in Reference ( L.C.A.) No. 131 of 1996 whereby the reference of the respondent came to be partly allowed by directing the petitioner to reinstate the respondent on his original post with continuity of service and to grant of 25% backwages.

(3.) LEARNED advocate appearing for the petitioner contended that respondent was appointed in the capacity of daily wager and was paid at the daily wage of Rs. 36/ per day as and when he was employed by the petitioner Nagar Palika. However, in the year 1995 as per the instructions issued by the Government of Gujarat, respondent was relieved from service on 17.01.1995 after office hours. He further submitted that respondent had not completed 240 days in any of the preceding years, as he was engaged only due to exigencies of work as and when the occasion so arose. Hence, there is no breach of Section 25(F) of the Industrial Disputes Act, 1947.