STATE OF GUJARAT Vs. BABUBHAI RAMCHANDBHAI RAVAL

JUDGEMENT

(1.) THIS petition has been filed against the judgment and award dated 02.02.2009 passed by the Labour Court, Palanpur in Reference (LCP) No.74/1999 whereby, the reference was partly allowed and the petitioner has been directed to reinstate the respondentworkman on his original post with continuity of service and 20% back wages.

(2.) THE facts in brief are that the respondent herein raised an industrial dispute on the ground that the petitioner had terminated his services in complete breach of the provisions of the Industrial Disputes Act, 1947. The dispute was numbered as Reference and it was decided by way of the impugned judgment and award. Being aggrieved by the same, the present petition has been preferred.

(3.) SO far as grant of continuity of service is concerned, I find that the respondentworkman had raised the Demand Notice on 14.09.1989 though the alleged termination took place on 10.10.1986. In other words, there was a delay of almost three (03) years in raising the dispute. Considering the above aspect of the case, I am of the view that the above period of three years could not be taken into consideration for calculating the benefit of continuity in service. Such period could be considered as dais non for all purposes.