DHORAJI MUNICIPALITY Vs. DINESH BHAVANBHAI CHUDASAMA

JUDGEMENT

(1.) The present Special Civil Application impugns the judgment and award dtd. 23/4/2018 passed in Reference (LCR) No.393 of 2009 by the learned Labour Court, Rajkot directing the petitioner Municipality to pay a lumpsum compensation of Rs.1,00,000.00 in lieu of reinstatement and back wages to the respondent workman.

(2.) The brief facts in the present case are as follows :-

(3.) Learned advocate Mr. Nilesh Koyani appearing on behalf of learned advocate Mr. Premal Joshi for the petitioner Municipality submits that the respondent workman had not completed the requisite 240 days and therefore, he was not entitled to any relief. He submits that the respondent workman has not cogently proved that he had worked for 240 days in a year since his appointment till his termination. He therefore submits that the provisions of the Industrial Disputes Act will not be attracted in the present case and the judgment and award passed by the learned Labour Court be interfered with and set aside.