ATULBHAI BHIKHABHAI JAGANI Vs. DHORAJI MUNICIPALITY & ANOTHER

JUDGEMENT

(1.) Challenge in these two petitions is made by the workman and the employer respectively, to the award passed by the Labour Court, Rajkot dated 11.12.2014 in Reference (LCR) No. 275 of 1996. By the impugned award the Labour Court has ordered reinstatement of the workman with continuity of service with 20% back wages.

(2.) The workman had approached this Court by filing Special Civil Application No. 10227 of 2015, contending that in the facts of this case, full back wages ought to have been ordered and denial to the extent of 80% of the back wages is illegal. In the said petition, this Court had issued notice on 07.08.2015, which was served to the Municipality, however the Municipality had chosen not only not to contest the petition but no appearance was also filed on its behalf. Under these circumstances, this Court had, on 27.01.2016 issued Rule as well as notice as to interim relief both returnable on 15.02.2016. Only thereafter, the Municipality filed appearance in the matter. On being asked, as to whether the Municipality has challenged the award, it was submitted (on earlier dates) that the Municipality had passed an office order dated 22.02.2016, giving effect to the impugned award, without prejudice to its right to challenge the said award. The said award is now challenged by the Municipality by filing Special Civil Application No. 3711 of 2016, which is listed for admission hearing today. It is the case of the Municipality that, neither reinstatement nor back wages should have been granted.

(3.) Mr. Joshi, learned advocate for the Municipality has submitted that the appointment of the workman was on temporary basis and therefore no relief ought to have been granted. It is further contended that such appointment was also without following any process. It is submitted that the petition filed by the Municipality be entertained and the petition filed by the workman be dismissed.