GUJARAT POLLUTION CONTROL Vs. MAHENDRASINH BALDEVSINH CHAVDA

JUDGEMENT

(1.) PER K.S. Jhaveri, J: - 1. This petition is directed against the award dated 15th March 2001, passed by the Labour Court, Ahmedabad, in Reference (LCA) No. 595 of 1996 whereby the Labour Court has directed the Petitioner to reinstate the Respondent in service with continuity of service along with 50% back wages.

(2.) THE Respondent was appointed as Helper on ad hoc basis for a fixed period from 22.1.1990 to 31.1.1990 on the NAAQM Project in order to meet the exigency of work. After the expiry of the said period the services of the Respondent were terminated. Thereafter the Respondent was appointed for a period from 2.2.1990 to 30.4.1990. Similar types of appointment orders were issued from time to time as per the requirement of work. The last of such appointment was for a period from 2.3.1993 to 31.3.1993 and on expiry of the said period his services were terminated. After a period of three years the Respondent raised a dispute which was referred to the Labour Court, Ahmedabad, which was registered as Reference (LCA) No. 595 of 1996. The Labour Court, after hearing the parties, passed the aforesaid award, which is challenged in this petition.

(3.) MR . Vaishnav, learned Advocate appearing for the Respondent supported the judgment of the Labour Court and submitted that the Labour Court has considered all the aspects of the matter and has rightly come to the conclusion that the services of the Respondent were terminated in violation of the provisions of the Act. He submitted that the Respondent was wrongly denied the wages and artificial breaks were given to him. He, therefore, submitted that this Court may not interefere with the award of the Labour Court.