DISTRICT AYURVEDIC OFFICER Vs. BALKRISHNA MOHANBHAI

JUDGEMENT

(1.) District Ayurvedic Officer, District Panchayat, Rajkot is before this Court being aggrieved by judgment and award dated 4.7.2006 passed by the learned Judge of the Labour Court in reference (LCR) No.526 of 1992; whereby, the learned Judge of the Labour Court is pleased to partly allow the reference of the workman and declared the action of the petitioner of termination of service of the workman as illegal and quashed the same and ordered that workman should be reinstated treating his services to be continuous but without back wages.

(2.) Learned advocate, Mr.Munshaw, appearing for the petitioner invited the attention of the Court to Annexure- A which is dated 28.4.1988. It is issued by the District Ayurvedic Officer mentioning that in view of the recommendation of Medical Officer, Ayurvedic Hospital, 'Hadmatiya', dated 1.3.1988, the workman Balkrishna Mohanbhai Danidhariya, be appointed as a part time daily wager and be paid amount to Rs.375/- on the basis of 5 hours work per day with effect from 1.3.1988 for a period of 89 days. It is also mentioned in the said order that on expiry of the term, he will stand automatically relieved.

(3.) The learned advocate then invited the attention of the Court to page No.13, Annexure-C which is a communication from the respondent-workman to the Medical Officer, Hadmatiya, dated 2.12.1991 and it is stated that earlier I had made an application dated 2.6.1991 and thereafter, I had filed a case by engaging one Shri Ghiyabhai as an advocate and the judgment has come against me and therefore, I may be relieved and my business of selling vegetable is going well and I do not want to do anything further, I do not want to serve and therefore, I am passing this writing to you.