(1.) THE present petition is directed against the judgment and award dated 27.02.2002 passed by the Reference Court in Reference (LCH) No.69 of 1996, whereby, the Reference Court has directed for reinstatement with full back wages.
(2.) THE short facts of the case appear to be that the respondent was engaged as Daily Wager by the petitioner in the year 1984 from 24.08.1984 to 31.12.1984, and, thereafter, from 04.09.1985 to 31.12.1985, again he was appointed at Himmatnagar Branch of the petitioner from March 1986 to 15.01.1987. As per the petitioner, thereafter, as the services of the respondent was not required, he was not continued from 16.01.1987. The respondent raised a dispute under the Industrial Disputes Act 1947 (hereinafter referred to as 'the Act') and such dispute was referred to the Labour Court for adjudication being Reference LCA No.951 of 1987. Thereafter, as the case was transferred, it was renumbered as Reference No.69 of 1996. The evidence was led, and ultimately, the Reference Court directed for reinstatement with full back wages. It is under these circumstances, present petition before this Court.
(3.) I have heard Mr.Thakkar, learned counsel appearing for the petitioner and Mr. Nikunj Kanara, learned advocate for Mr.Viral Shah, learned advocate for the respondents. Upon perusal of the award passed by the Labour Court, it shows that following proofs are on record: