TARASAFE INTERNATIONAL PVT. LTD. Vs. JIGNESHKUMAR DAHYABHAI LEUVA

JUDGEMENT

(1.) Rule. Learned advocate Mr. P.A.Jadeja and learned advocate Mr. J.K.Parmar waives service of rule on behalf of respondent- workman.

(2.) This group of petitions is raising similar issues and contentions and is based on more or less a similar facts and is challenging the award of the Labour Court dtd. 30/5/2019 which is passed in connection with each of the respondent-workman individually. At the request of learned advocates for the parties the petitions are taken up for joint hearing and disposal. The facts are recorded from the lead matter being Special Civil Application No.22768 of 2019.

(3.) This petition is filed under Article 227 of the Constitution of India challenging the award dtd. 30/5/2019 passed in Reference (LCA) No.377 of 2016 by the Labour Court, Ahmedabad. By the aforesaid award, the Labour Court has partly allowed the reference by directing the respondent workman to be reinstated to his original post with continuity of service and 35% back wages. The main ground of challenge by the petitioner-employer is that there is no termination of service so as to invoke the provisions of Sec. 10 of the Industrial Disputes Act, 1947 (for short "the Act").