DISTRICT PANCHAYAT Vs. BRIJRAJSINH JITUBHA JADEJA

JUDGEMENT

(1.) This petition was listed in the cause list for final hearing yesterday i.e. on 11th April, 2016. However, learned advocate for the respondent was not present and therefore, hearing of this petition was adjourned to today. Today also, learned advocate for the respondent is not present. In this view of the matter, the Court has proceeded to decide the matter on merits after hearing learned counsel for the petitioner -Panchayat and after considering the material available on record.

(2.) In this petition, petitioner -Panchayat has brought under challenge the award dated 13th August, 2010 passed by learned Labour Court, Jamnagar in Reference (LCJ) No. 170 of 2000, whereby, the learned Labour Court has partly allowed the reference and directed the petitioner -Panchayat to reinstate the respondent -workman on his original post as part time employee with continuity of service, however, without back wages. The petitioner -Panchayat is aggrieved by the award and the said direction. Hence, this petition.

(3.) So far as factual background is concerned, it has emerged from the record and submissions of learned counsel for the petitioner that the respondent raised an industrial dispute on the allegation that his service was discontinued illegally and he was relieved with effect from 30th October, 1999, after he had worked for almost 6 years with the petitioner -Panchayat. The dispute raised by the respondent -workman was referred for adjudication to the learned Labour Court at Jamnagar vide order dated 28.4.2000. The said dispute culminated into Reference (LCJ) No. 170 of 2000.