VISNAGAR NAGARPALIKA Vs. RAMESHJI MANAKJI THAKOR

JUDGEMENT

(1.) Heard Mr. C.B. Patel, learned advocate for the petitioner and Ms. Kamani, learned advocate for Mr. P.H. Pathak, learned advocate for the respondent.

(2.) In present petition the petitioner has challenged award dated 30.9.2008 passed by learned Labour Court at Kalol in Reference (LCK) No. 73 of 1994 whereby learned Labour Court directed the petitioner Nagar Palika to reinstate one of the claimants on his original post with continuity of service however without back wages. Whereas in respect of second claimant learned Labour Court directed the Nagar Palika to reinstate the said second claimant with continuity of service and to pay 40% back wages.

(3.) So far as factual background is concerned it has emerged from the record and from the rival submissions by the learned advocates that two claimants raised industrial dispute on the ground that Nagar Palika illegally terminated their services. The claimants demanded that they should be reinstated in service with all benefits. Appropriate government referred the dispute for adjudication to learned Labour Court at Kalol. The said reference came to be registered as Reference (LCK) No. 73 of 1994.