JETPUR NAVAGADH MUNICIPALITY Vs. PARESH KANTILAL PARMAR

JUDGEMENT

(1.) Jetpur Navagadh Municipality is before this Court being aggrieved by judgment and award dated 15.06.2006 passed by the Labour Court, Rajkot in Reference (LCR) No.651 of 1991, whereby the learned Judge of the Labour Court partly allowed the Reference of the workman and held that the action of the municipality of terminating the services of the workman is illegal. The learned Judge quashed the same and ordered the Municipality to reinstate the workman with continuity of service, without back wages within one month from the date of publication of the award.

(2.) The petition came up for hearing before this Court on 10.11.2006 and the Court issued Rule and notice as to interim relief returnable on 15.12.2006. The Court was pleased to grant ad interim relief in terms of para- 8(c), subject to compliance of Section 17-B of the Industrial Disputes Act, 1947. Para-8(c) reads as under:-

(3.) Learned Advocate Mr.Trivedi for the petitioner vehemently argued that the learned Judge of the Labour Court has committed an error in allowing the Reference even partly and awarding reinstatement. Learned Advocate for the petitioner submitted that it is not in dispute that the workman was appointed on a fixed term and on expiry of the term, the workman stood automatically relieved from service. Learned Advocate for the petitioner submitted that the appointment of the workman was for a definite period and on expiry of that period, the services were to come to an end, and therefore, the petitioner Municipality cannot be accused of terminating the services of the petitioner or even of retrenchment.