SURENDRANAGAR DIST. PANCHAYAT Vs. PARSHOTTAM MANJI

JUDGEMENT

(1.) Heard Mr. Chauhan, learned advocate, for Mr. Munshaw, learned advocate for the petitioner panchayat, and Mr. Shah, learned advocate for the respondent workman.

(2.) The captioned two petitions arise from the same award. The panchayat and the workman both have challenged same award in their respective petitions. The writ petition, being Special Civil Application No.25413 of 2006, is filed by the panchayat whereas other writ petition, being Special Civil Application No.10078 of 2007, is filed by the workman.

(3.) The respondent raised an industrial dispute on the allegation that the petitioner terminated his service w.e.f. 19.12.1985 by an oral order and without following prescribed procedure of law. The respondent alleged that he was continuously working with the petitioner since 1979 and his service came to be terminated w.e.f. 19.12.1985 without payment of compensation and without granting any opportunity of hearing. At the time of termination of his service, the petitioner retained in service persons junior to respondent.