PRESIDENT/SECRETARY Vs. DAKSHABEN CHANDULAL CHAUHAN

JUDGEMENT

(1.) Heard Mr. Gogia, learned advocate for the petitioner, and Mr. Shukla, learned advocate for the respondent workman.

(2.) In this petition, the petitioner has challenged award dated 26.12.2011 passed by the learned Labour Court, Jamnagar in Reference (LCJ) No.229 of 2003 whereby the learned Labour Court held and declared that the retrenchment of the claimant ­ workman effected by the petitioner was effected in violation of the statutory provisions and therefore, the retrenchment stands vitiated and on such conclusion and declaration, the learned Labour Court directed the petitioner to reinstate the respondent with continuity of service and 10% backwages.

(3.) So far as the relevant facts are concerned, it has emerged from the record and the submissions by learned advocates for the contesting parties that the claimant, i.e. present respondent, raised an industrial dispute against present petitioner on the allegation that her service was illegally terminated in August 2003 without following procedure prescribed by law and without payment of retrenchment compensation and without opportunity of hearing. The appropriate government referred the dispute to the learned Labour Court at Jamnagar. The said dispute came to be registered as Reference (LCJ) No.229 of 2003.