KHEDA DISTRICT PANCHAYAT Vs. JASHUBHAI DEVABHAI GOHEL

JUDGEMENT

(1.) Heard learned Advocate Mr. Pradeep J. Patel for petitioner and Mr. Ashish H. Shah for respondent. Through this petition under Art. 227 of the Constitution of India, the petitioner-Kheda District Panchayat has challenged the award made by the Labour Court, Nadiad in Reference No. 385 of 1986 dated 21-9-1998 wherein the Labour Court has granted reinstatement with continuity of service with 25 percent of back wages of intervening period with effect from 16-1-1986.

(2.) It is submitted by the learned Advocate Mr. Patel before this Court that the workman has been reinstated in service with effect from 24-12-2004, and presently, he is working with the petitioner. It is submitted by the learned Advocate Mr. Shah that this petition was dismissed for default by this Court on 28-6-1999, and thereafter, respondent filed Misc. Civil Application No. 1686 of 2002 wherein order was passed by this Court on 6-5-2003. Thereafter, present petition was restored by this Court on 6-5-2003.

(3.) Learned Advocate Mr. Patel submits that the workman was not completing 240 days continuous service and it was a case of abandonment of service, According to him, there was delay of about three years in raising of an industrial dispute. He also submits that the respondent was called for work by petitioner through one messenger and that has been accepted by workman in his cross examination and in view of these facts, Labour Court should not have made the award of reinstatement with 25% back wages for intervening period. He also submits that the respondent was working as daily-wager, and therefore, Labour Court ought not to have granted relief in his favour. Except these submissions, no other submissions have been made by learned Advocate Mr. Patel before this Court.