LAWS(GJH)-2015-2-76

KANTIBHAI TAPUBHAI NALIYAPARA Vs. GOVERNMENT POLYTECHNIC

Decided On February 09, 2015
Kantibhai Tapubhai Naliyapara Appellant
V/S
Government Polytechnic Respondents

JUDGEMENT

(1.) RULE . Learned Assistant Government Pleader Mr. Janak Raval waives service of notice of Rule for the respondent.

(2.) IN the facts and circumstances of the case and with the consent of learned advocates for the parties, the petition is taken up for final consideration, making rule returnable forthwith.

(3.) THE petitioner -workman is aggrieved by judgment and award dated 30.09.2013 passed by Labour Court No.2, Jamnagar, whereby the Labour Court rejected his reference (LCJ) No. 61 of 2002. The workman invoked the jurisdiction of the Labour Court, raising an industrial dispute and prayed for his reinstatement on the original post with backwages. He filed his Statement of Claim at Exh.2. It was his case before the Labour Court that he joined the services of the respondent -Government Polytechnic, Jamnagar with effect from 01.02.1998 on a monthly pay of Rs.1500/ - as Electrician Instructor. It was his case that he had completed continuous service of 240 days since the date of joining, however, on 09.05.2000, the first party employer terminated his services without complying with the provisions of the Industrial Disputes Act, 1947 and without any notice or notice pay.