RAMANBHAI SHANKERBHAI BHOI Vs. DEPUTY EXECUTIVE ENGINEER

JUDGEMENT

(1.) Heard Mr. Yogen N. Pandya, learned counsel for the petitioner and Mr. Sahil Trivedi, learned AGP for the respondents.

(2.) Challenge in this petition is to the judgment and award passed by the Labour Court, Anand dtd. 28/12/2006 whereby the Presiding Officer of the Labour Court allowed the Reference. However, by so allowing the Reference, the Labour Court denied reinstatement but awarded retrenchment compensation in accordance with the provisions of Sec. 25(F) with 6% interest.

(3.) Mr. Yogen Pandya, learned advocate for the petitioner submitted that having worked for approximately three years of service and when the Labour Court having found that breach of the provisions of Ss. 25(F) , 25(G) and 25(H) of the Industrial Disputes Act, 1947, the Labour Court ought to have granted reinstatement. Taking the Court through the evidence on record of the employer, Mr.Pandya would submit that it has come on record that the work was still available and was continued by engaging contractual workmen. He would also rely on the statement of the number of days which indicated that he had worked for 309 days preceding the date of retrenchment which automatically prove violation of 25(F) and, therefore reinstatement ought to have followed.