VIBHABHAI VAJEKARAN Vs. BHAVNAGAR MUNICIPAL CORPN

JUDGEMENT

(1.) Heard Mr. Mishra, learned advocate for the petitioner, and Mr. Munshaw, learned advocate for the respondent Municipal Corporation.

(2.) In present petitions, the petitioners have challenged awards dated 13.4.2004 passed by the learned Labour Court, Bhavnagar in Reference (LCB) No.94 of 1990, 108 of 1990 and 466 of 1990 whereby learned Labour Court dismissed the reference cases and rejected the relief prayed for by the petitioners claimants.

(3.) So far as factual background is concerned, it has emerged that the original claimants raised industrial dispute on the allegation that the opponent corporation illegally and arbitrarily terminated their services on 1.4.1989, 2.4.1989 and 2.4.1989. They demanded reinstatement and consequential benefits. The appropriate government referred the disputes for adjudication to learned Labour Court, Bhavnagar. The disputes were registered as Reference (LCB) No.94 of 1990, 108 of 1990 and 466 of 1990. In the statement of claim, the claimants alleged that they were working as Conductors in the transport service of the opponent corporation since 2.11.1987, 20.11.1987 and 24.11.1987 and that they worked continuously and regularly from November-1987 to 31.3.1989, November 1987 to 1.4.1989 and November 1987 to 1.4.1989 and 1.4.1989, 2.4.1989 and 2.4.1989, the corporation without any fault on their part, terminated their services without following procedure prescribed by law. The claimants alleged victimization, violation of principles of natural justice as well as breach of statutory provisions viz. Section 25F, Section 25G and Section 25H of the Industrial Disputes Act, 1947 and Rule 81 of Gujarat Industrial Dispute Rules, 1961.