DEPUTY EXECUTIVE ENGINEER Vs. UMAKANTBHAI NIRANJANBHAI BHATT

JUDGEMENT

(1.) HEARD Ld. Advocate Mr. Hamesh Naidu for the petitioner and Ld. Advocate Mr. PH Pathak for the respondent no. 1. Perused the record.

(2.) IN Special Civil Application No. 11952/2014, the petitioner employer has challenged the judgment and award dated 3/3/2014 passed in Reference [LCK] No. 143/2006 by the Labour Court, Mehsana, which is renumbered as Reference [LCM] No. 819/2008. The award was under section 10[1] of the Industrial Disputes Act, 1947 [for short 'the Act'] pursuant to Reference to the Labour Court by the Labour Commissioner that whether respondent no. 1 should be reinstated with back wages in his service or not. As per impugned judgment, Labour Court has while allowing the Reference, directed the petitioner to reinstate the respondent no. 1 and to pay lumpsum amount of Rs.8,000/ - towards back wages. 2.1 Whereas the respondent employee has challenged the award claiming 100% back wages, in Special Civil Application No. 16279/2014.

(3.) THE sum and substance of the petitioner's case is to the effect that pursuant to the directions issued by the Government, they have to reduce their expenditure and liability and thereby they have to retrench several employees and in such drive they have retrenched the respondent no. 1 pursuant to the directions issued by the Government as a policy decision and, therefore, they are not supposed to reinstate the respondent and to that extent impugned judgment is bad in law and prayed to set aside the same.