EXECUTIVE ENGINEER Vs. SUNIL S MANDALIYA

JUDGEMENT

(1.) ADMIT. Learned advocate Mr. Shukla waives service of notice of admission on behalf of the respondent. With consent of the learned advocates appearing for the respective parties, the present appeal is taken up for final hearing today.

(2.) The present appeal emanates from the judgment and order passed by the learned Single Judge dtd. 26/7/2023 passed in the captioned Writ Petition, wherein and whereby the learned Single Judge has partly allowed the Writ Petition challenging the judgment and award passed by the Labour Court, Bhavnagar in Reference (LCB) No.10 of 1992 dtd. 16/12/2009, by which, the Labour Court, after the remand, has confirmed the earlier award dtd. 16/4/2005 and directed the present appellant-employer to reinstate the workman on his original post with continuity of service and with 30% back-wages. However, the learned Single Judge has altered the award and instead of reinstatement with 30% back- wages, has granted compensation of Rs.3.00 lacs in lieu of reinstatement and back-wages. The workman has accepted the judgment of the learned Single Judge and is ready and willing to accept an amount of Rs.3.00 lacs.

(3.) Learned advocate Ms. R.V. Acharya has submitted that the impugned judgment and order passed by the learned Single Judge is required to be quashed and set aside since the learned Single Judge has fell in error in confirming the award to the extent of the finding of the Labour Court in favour of the respondent-workman. She has submitted that the learned Single Judge has failed to take into consideration the fact that the respondent was a daily-wager and appointed on fixed pay and there was no issue of conducting the departmental inquiry as held by the Labour Court. It is further submitted that the Labour Court has also fell in error in setting aside the order of termination as the respondent-workman remained absent for a period of two years without any reason. It is also submitted that the Reference was filed in the year 1991 after lapse of almost four years. She has submitted that the award as well as the judgement passed by the learned Single Judge are required to be quashed and set aside.