MANEKLAL JETHALAL LIBRARY Vs. ROBERT MAVJIBAI RANA

JUDGEMENT

(1.) Both the captioned petitions are cognate. They are the cross petitions arising from judgment and order dated 01.08.2014 passed by Labour Court No.5, Ahmedabad, in Reference (LCA) No. 1460 of 1998. Thereby, the Labour Court partially allowed the reference of the workman and directed the employer to reinstate him on his original post on the same terms and conditions of service, with continuity and 20% backwages; cost of Rs.1000/- was directed to be paid to the workman.

(2.) Being cognate and cross petitions, the facts were common, therefore, both the petitions were placed and heard together and being considered by this common judgment.

(3.) The workman-petitioner of Special Civil Application No. 1554 of 2015 was employed as Farashcum- Peon with effect from 01.01.1997 under first party No.2 Granthalay (Library) run by first party respondent No.1. In the Statement of Claim at Exh.3 filed before the Labour Court, the workman stated that there were other employees about 200 in numbers were also engaged. The workman was aggrieved because of termination of service effected by the first party employer by oral order dated 13.01.1998. Invoking the jurisdiction of the Labour Court, he contended that the action of terminating the services was unjust, illegal and in violation of the Industrial Disputes Act, 1947, and it amounted to unfair labour practice.