LAWS(GJH)-2014-3-264

BANTVA MUNICIPALITY Vs. MANOJ GOPAL RATHOD & 2

Decided On March 31, 2014
Bantva Municipality Appellant
V/S
MANOJ GOPAL RATHOD And 2 Respondents

JUDGEMENT

(1.) By filing this petition, the petitioner Bantva Municipality challenged judgment and award dated 31st December, 2012 passed by Labour Court, Junagadh in Reference (LCJ) No.240 of 1998, whereby the Labour Court held that the action on part of the petitioner-first party employer in terminating the services of respondent-workman from 01st October, 1997 was illegal, and it was directed to reinstate the respondent-workman on his original post with continuity of service without backwages.

(2.) The facts of the case and the contentions available from the pleadings may be set-out usefully.

(3.) The facts were that as per the case of the respondent-workman, put-forth before the Labour Court, while invoking its jurisdiction for the relief of reinstatement and backwages, was that he was employed as Office Clerk under the petitioner-Municipality. In the statement of claim filed at Exhibit 5, the workman further stated that he joined services in the year 1995 and was getting monthly pay of Rs.500/- and that from 01st October, 1997, his services came to be illegally dispensed with. It was contended that in termination of services, the employer had committed breach of Section 25-F, 25-G and 25-H of the Industrial Disputes Act, 1947 (hereinafter mentioned as 'the Act').