DIVISIONAL MANAGER Vs. NARESHBHAI KALUBHAI PARMAR

JUDGEMENT

(1.) The present Letters Patent Appeal is filed under Clause 15 of the Letters Patent, directed against the judgment and order dtd. 1/12/2016 passed by the learned Single Judge in Special Civil Application No.14096 of 2007, wherein and whereby, the learned Single Judge has allowed the writ petition by setting aside the award passed by the Labour Court, Bhavnagar in Reference (LCB) No.238 of 1998 to the effect of payment of compensation, and directing the reinstatement to the respondent-workman on his original post with continuity of service and 30% back wages.

(2.) The short issue which falls for deliberation in the present Letters Patent Appeal is that whether after the termination of the workman is held to be illegal by the Labour Court, he could have been ordered to reinstate on his original post with continuity of service along with the back wages or he would be entitled to compensation.

(3.) The respondent - original petitioner of Special Civil Application No.14096 of 2007 was terminated by the appellant on 26/2/1998, which was subject matter of challenge before the Labour Court, Bhavnagar in Reference (LCB) No.238 of 1998 and the Labour Court has partly allowed the Reference holding the termination of the respondent as illegal and in breach of statutory provisions and awarded a lump-sum compensation of Rs.40,000.00.