KARAMSAD NAGARPALIKA Vs. REKHABEN SHAILESHBHAI PARMAR AND ORS.

JUDGEMENT

(1.) Challenge in this petition is made by the employer to the award passed by the Industrial Tribunal, Nadiad in Complaint (IT) No.6 of 2014 in Reference (IT) No.17 of 2012, dated 19.12.2015. By the impugned award, the Tribunal has held that the action of the petitioner Municipality of discontinuing the service of the respondent No.1 with effect from 08.08.2014 was illegal, unreasonable, malafide and in breach of Section 33 of the Industrial Disputes Act, 1947. Consequently, the Tribunal has directed that the respondent workman be reinstated in service with continuity. However back wages is denied to her.

(2.) Mr. Shirish Joshi, learned advocate for the petitioner Municipality has submitted that, the respondent was not the workman, no procedure was followed at the time of her initial appointment and the scheme on which she was working, is discontinued resulting into discontinuance of her service and therefore the Tribunal ought not to have interfered with it. It is submitted that the petitioner Municipality did not commit any breach of the provision of Section 33 of the Industrial Disputes Act, 1947 and therefore the impugned award needs to be quashed and set aside. It is submitted that this petition be entertained.

(3.) On the other hand, Mr.Mishra, learned advocate for the respondent workman has submitted that, the respondent was initially appointed by the Municipality on 26.03.2002 and subsequently she was confirmed vide order dated 27.10.2005.