PRANTIJ NAGARPALIKA Vs. RAJESH GABHABHAI PRANTIJKAR

JUDGEMENT

(1.) Rule returnable forthwith. Learned advocate Mr. Rajesh Mankad waives service of notice of Rule on behalf of respondent - workman.

(2.) Nagarpalika as petitioner has filed this petition challenging the order of Labour Court, Himmatnagar dtd. 29/1/2022 in I.D. Miscellaneous Application No. 16 of 2020 in Reference (LCH) No. 26 of 2015, wherein the application of the petitioner - Nagarpalika seeking condonation of delay in preferring the application seeking restoration of ex-parte award dtd. 1/4/2019 in Reference (LCH) No. 26 of 2015 has been rejected.

(3.) The facts in brief as referred in the petition are as under:- Respondent - workman was working with petitioner - Nagarpalika from the year 2005. His services came to be terminated w.e.f. 13/11/2014. This decision of termination was taken in view of General Body Resolution No.16 dtd. 30/10/2014. Against the termination w.e.f. 13/12/2014, the workman raised dispute before Assistant Labour Commissioner and the conciliation being failed the dispute was referred to Labour Court, Himmatnagar. The said reference was registered as Reference (LCH) No. 26 of 2015. Upon adjudication, the Labour Court held the termination of the workman w.e.f. 13/11/2014 as illegal and directed the petitioner to reinstate workman with continuity of service and 25% backwages. Costs of Rs.2,001.00 was also awarded.