KANTIBHAI M SOLANKI Vs. GENERAL MANAGER & ORS

JUDGEMENT

(1.) Heard Ms.Kamani, learned advocate for Mr.Pathak, learned advocate for the petitioner and Mr.Shah, learned advocate for the respondents.

(2.) The petitioner has challenged the award dated 29.3.2003 whereby the learned Labour Court rejected the reference and declined to grant any relief to present petitioner.

(3.) The factual background involved in individual and leading to submission of present petition is that the petitioner was engaged by the respondent, Ahmedabad Telecom District Bharat Sanchar Nigam Ltd., with effect from May 1985. According to the allegations by the petitioner, his service came to be terminated by the respondent with effect from August 1987 without following any procedure prescribed by law. The petitioner also alleged that his service was arbitrarily and abruptly terminated and he was neither served with any notice or any salary in lieu of notice and neither any compensation was paid nor any inquiry was conducted. He also alleged that his service was not terminated on the ground of misconduct. The respondent also claimed that he was engaged on clear vacant post of Labourer and he had worked continuously till 1.8.1987 when his service was abruptly terminated. On such allegation, the respondent raised an industrial dispute. The dispute was not settled. Therefore, appropriate Government passed order of reference dated 30.9.1991.