VADODARA DISTRICT PANCHAYAT Vs. KHODSINH MOHANSINH GOHIL

JUDGEMENT

(1.) RULE . Learned advocate Mr.Harshad K. Patel waives service of notice of Rule on behalf of respondent No.1. Learned advocate Mr.Paritosh Calla waives service of notice of Rule on behalf of respondent No.2.

(2.) THE petitioner Panchayat has challenged judgment and award of the Labour Court, Vadodara in Reference (LCV) No.276 of 2003 whereby the Labour Court directed reinstatement of respondent -workman on his original post with continuity of service and with 30% back wages.

(3.) IT appears from the facts stated in the statement of claim of the workman that he was employed as Rojamdar in the Sub Division, Irrigation Department, under the District Panchayat -respondent herein, with effect from 28th December, 1981. He was assigned work of Chokidar since 1995 -96 at the store compound of the said Irrigation Section. The workman was getting monthly pay of Rs.01,900/ -. It was the case that since 1984 he completed service for 240 days and further that he was also asked to do work of Clerk and did the work of Clerk in the year 1985 -86 when there was strike of Clerks. It was a grievance that when he requested the employer to give benefit of the Government Resolution dated 17th October, 1988, instead of paying heed to the request, his services came to be terminated with effect from 01st May, 2002.