VALLABHBHAI GANGARAM VAMZA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal filed under Clause 15 of the Letters Patent, 1865 is directed against the judgment and order dtd. 9/10/2018 passed by the learned Single Judge in the captioned writ petition, whereby the learned Single Judge has allowed the writ petition and set aside the award dtd. 12/6/2014 passed by the Labour Court, Rajkot in Reference (LCR) No.126 of 2008, wherein the Labour Court partly allowed the reference with the direction to the employer to reinstate the workman i.e. the present appellant without continuity of service however, without back wages.

(2.) It is the case of the appellant that he was illegally terminated on 31/3/1999. It is also not in dispute that he raised an industrial dispute with regard to his termination in the year 2008, which culminated into the Reference (LCR) No.126 of 2008.

(3.) Before the Labour Court, it was contended that he was working as a Clerk and appointed in the year 1983 and he worked regularly till 31/3/1999. A specific contention was raised by the respondent - State authorities that there has been delay in raising the industrial dispute however, the Labour Court has allowed the reference proceedings by observing that the termination of the appellant - workman was in violation of Sec. 25F of the Industrial Disputes Act, 1947 (the I.D. Act).