JETPUR NAVAGADH MUNICIPALITY Vs. PATHAN YUNUSKHAN JAMYALKHAN

JUDGEMENT

(1.) The present Letters Patent Appeals under Clause 15 of the Letters Patent are directed against the judgment and order of the learned Single Judge passed in two group of matters dtd. 2/3/2023 and 3/3/2023 respectively. Since the issue involved is common, we are taking all the Letters Patent Appeals together for adjudication. By the said judgment and order, the learned Single Judge held that the Municipality shall pay lump sum compensation to the respondent - workmen modifying the judgment and award of the labour court accordingly. Being aggrieved by the said order, the Municipality has preferred Letters Patent Appeals challenging the quantum of compensation. The cross-appeals are preferred by the workmen for quashment of the order of the learned Single Judge granting compensation and, therefore, prayed for reinstatement along with backwages. Thus, we have taken cross appeals together for adjudication.

(2.) The facts in the background inter alia are that the workmen had invoked jurisdiction of labour court, Rajkot by way of preferring Reference. The judgment and award was delivered by the labour court holding that the action of the termination of the workmen by the employer was illegal. The workmen were directed to be reinstated with continuity of service on original posts with 20% backwages.

(3.) The labour court on the basis of evidence led before it recorded a finding that there was a breach of Ss. 25F, 25G and 25H of the Industrial Disputes Act, 1947 in terminating the services of the workmen.