STATE OF GUJARAT Vs. BHARAT KUMAR K VORA

JUDGEMENT

(1.) THIS petition is filed by the State Government challenging the judgment and award dated 21.04.2006 passed by the Labour Court, Junagadh in Reference (L.C.J.) No.26/1997. The said Reference was made at the instance of the respondentworkman who was engaged as a workcharge Clerk for a short period between January 1984 to October 1984 by the Irrigation Department of the State Government. His case is that his service was terminated illegally on 15.10.1984 violating the provisions of Sections 25F and 25G of the Industrial Disputes Act. However, it is an admitted position that he did not challenge his termination by raising an industrial dispute for a long period of time. Only in the year 1996, he approached the Assistant Labour Commissioner on the ground that juniors and freshers were being recruited without offering reengagement to the workman and this action was therefore violative of Section 25H of the Industrial Disputes Act. The Assistant Labour Commissioner made a Reference on 08.11.1996 to the competent Labour Court to decide whether the termination of the workman on 15.10.1984 was legal.

(2.) IN such reference, the Labour Court rendered its impugned judgment and award. The Labour Court believed that the termination was in violation of Sections 25F and 25G of the Industrial Disputes Act and that in the year 1996 when fresh workmen were engaged, not offering reemployment to the workman was violative of Section 25H of the Industrial Disputes Act.

(3.) BEFORE the Labour Court, it was pointed that the workman had started his own legal practice since 1991. The Labour Court therefore, while setting aside termination with all consequential benefits, directed reinstatement with full backwages till the workman was enrolled as a lawyer and 50% backwages for the remaining period. It is this award which the Government has challenged in this petition.