AMARSINHJI MILLS Vs. AMRUTBHAI NAZABHAI

JUDGEMENT

(1.) THIS petition is filed against the judgment and award dated 08.05.2006 passed by the Industrial Tribunal, Rajkot in Appeal (IC) No.01/1999 whereby, the appeal was dismissed and the order dated 31.03.1999 passed by the Labour Court, Rajkot in B.I.R. Application No.45/1989 was confirmed.

(2.) BRIEFLY stated, the facts of the case are that the respondent herein was working as a Badli Doffer in the petitionerCompany. It is the case of the petitioner that the respondent was given work only for about nine days in a month. However, with effect from 31.08.1989, the respondent voluntarily abandoned the work. The respondent raised a dispute before the Labour Court, Rajkot by filing B.I.R. Application No.45/1989. The said Application came to be allowed by award dated 31.03.1999 whereby, the petitioner was directed to reinstate the respondent on his original post with continuity of service and 50% back wages. The said award was challenged by the petitioner by filing Appeal (IC) No.01/1999 before the Industrial Tribunal, Rajkot, which came to be rejected, by impugned order dated 08.05.2006. Hence, this petition.

(3.) LEARNED counsel for the respondent submitted that the respondent was reinstated in service pursuant to the impugned order but, his services were subsequently terminated, for which the respondent raised a dispute, which is pending before the concerned Labour Court.