EXECUTIVE ENGINEER Vs. JAYESHBHAI DHANJIBHAI AHIR

JUDGEMENT

(1.) Heard learned advocate Ms.Sejal Mandavia for the appellant - Executive Engineer, District Panchayat, Surat and learned advocate Mr.Dipak Dave for the respondent workman.

(2.) The Labour Court, Surat partially allowed the Reference (T) No.151 of 2012 holding that the action of oral termination with effect from 30/4/2012 on part of first party employer - appellant herein was bad in law. The employer was directed to reinstate the workman with 30% back wages.

(3.) From the facts on record, it appears that the case of the workman before the Labour Court was inter alia that he was working as driver in the Irrigation Department from 1/3/1996 and was paid Rs.145.00 as daily wages. It was the case that first party employer resorted to the method of outsourcing, consequently the services of the workman were dispensed with. The workman filed statement of claim at Exh.6 before the Labour Court and sought relief of reinstatement. The employer contested the reference.