GUJARAT ELECTRICITY BOARD Vs. NARSHIBHAI KALUBHAI SINDHAV

JUDGEMENT

(1.) The present petition is directed against the judgement and award dated 23.8.2004 passed by the Labour Court in Reference (LCJ) No.1383 of 1990 (Old Reference No.1802/1988), whereby the Labour Court has directed for reinstatement of the respondent workman with 50% back-wages.

(2.) The short facts of the case appear to be that the respondent workman was initially taken on apprenticeship by the petitioner at Khambhalia Division from 8.9.1982 to 7.9.1983. Thereafter, as per the Condition No.9 of the apprenticeship order, it was provided that there was no obligation on the part of the Board to give any regular appointment. However, after the apprenticeship is over, Board may at its discretion offer employment if it considers suitable. It appears that thereafter the respondent workman was relieved after the completion of apprenticeship, but in February 1985, appointment orders were issued for posting of the respondent with one R.J. Patel. Such position continued and on 10.4.1985 the respondent was again engaged on the post of Calculator on temporary and ad hoc basis. Such period was extended from time to time and he was continued up to 4.1.1986 and abruptly his services came to be terminated. The respondent workman raised the dispute under the Industrial Disputes Act (hereinafter referred to as the "ID Act"). The said dispute came to be referred to the Labour Court for adjudication. The Labour Court, at the conclusion of the Reference, passed the above referred judgement and award. Under these circumstances, the present petition before this Court.

(3.) We have heard Mr.Munshaw, learned Counsel appearing for the petitioner and Mr.Kishore Paul, learned Counsel appearing for the respondent workman.