BHAYAVADAR MUNICIPALITY Vs. SURESHKUMAR CHAGGANBHAI MARSONIYA & ORS

JUDGEMENT

(1.) RULE . Learned advocate Ms. Renu Chaudhary waives service of notice of Rule on behalf of respondent No.1. Service of notice to respondent No.2 is dispensed with, it being a formal party.

(2.) PETITIONER -Municipality, in this petition, seeks to challenge judgment and award dated 18.03.2013 passed by Labour Court No.1, Rajkot, in Reference (L.C.R.) No.139 of 2008, whereby the Labour Court held that the action on the part of the petitioner -employer in terminating the services of the respondent -workman to be illegal. It further directed reinstatement of the workman on the original post with continuity of service, but without any backwages.

(3.) THE workman was serving as Pagi -cum -Mali in the the petitioner -Municipality. He raised industrial dispute in respect of termination of his services effected on 07.03.1987, contending that before terminating his services, he was not given any notice pay or retrenchment compensation and further that the workmen, junior to him, were continued. It was also contended that the Municipality engaged new workmen after dispensing with his services. It was the case of the workman in his statement of claim at Exh.3, therefore that there was a breach of sections 25F, 25G and 25H of the Industrial Disputes Act, 1947.