EXECUTIVE ENGINEER Vs. SOMIBAHEN BABABHAI (TURI) BAROT

JUDGEMENT

(1.) The petitioner -Executive Engineer, Road and Building 1st Department (State) has Challenged award dated October 2009 passed by the Labour Court, Mehsana in Reference (LCM) No.353 of 2008 (Old No.186 of 2002) whereby the Labour Court has directed present petitioner to reinstate present respondent without any benefit of continuity or other benefits. The Labour Court has merely directed the petitioners to reinstate the respondent in service on his original post.

(2.) From the record, it appears that the respondent herein raised Industrial Dispute somewhere in 2002 against the alleged termination in May 1985. The respondent claimed that her service was orally terminated by the petitioners with effect from 20.05.1985 and that before terminating the service, any procedure prescribed by law was not followed and any amount including retrenchment compensation or other amount were also not paid. On such premise, the respondent prayed that illegal termination may be set aside and reinstatement with all consequential benefits may be granted.

(3.) It appears that present petitioners contested the proceedings by filing reply, wherein it was contended that the respondent was never engaged by the petitioner -employer and there was no relationship of employer and workman between the petitioner and the respondent and since the respondent was never engaged, there was no occasion for the respondent to complete work of 240 days as alleged or otherwise. On the same premise, it was also contended that there was no scope or occasion for terminating the respondent's service by way of victimization or illegally as alleged.