VIRJIBHAI RANCHHODBHAI Vs. RANGE FOREST OFFICER

JUDGEMENT

(1.) The present Special Civil Application is filed praying for the following reliefs :-

(2.) It is the case of the petitioner that he was working as Class-IV employee (Labourer) from 1/3/1979 with respondent No.1 and his services came to be terminated illegally with effect from 8/11/1995. Therefore, the petitioner raised an industrial dispute and by letter dtd. 28/5/1996, the Assistant Labour Commissioner made a reference under Sec. 10(1)(c) of the Industrial Disputes Act to the learned Labour Court, Ahmedabad being Reference (LCA) No.764 of 1996. Notice came to be issued. The parties led the evidence in support of their contentions. By the impugned judgment and award, the learned Labour Court was pleased to hold that the termination of the petitioner workman was illegal, however in lieu of reinstatement, the petitioner was granted a lumpsum compensation of Rs.30,000.00. Aggrieved, the petitioner has challenged the impugned judgment and award dtd. 29/1/2007 in the present proceedings.

(3.) Learned advocate Mr. P. H. Pathak appearing on behalf of the petitioner workman submits that the petitioner had put in more than 16 years of service with respondent No.1. He submits that the dispute was also immediately raised with respect to his illegal termination and by the impugned judgment and award, the termination was also held to be illegal. He further submits that once the termination has been held to be illegal, the learned Labour Court ought to have granted the reinstatement with continuity in service looking to the long drawn service put in by the petitioner workman. He, therefore, submits that in the present case, the impugned judgment and award be modified and the petitioner be reinstated with continuity in service.