MORBI MUNICIPALITY Vs. SONALBEN ASHWINBHAI MAKWANA

JUDGEMENT

(1.) Heard learned advocates for the petitioner and respondent.

(2.) In present petition the petitioner Morbi Municipality has challenged award dated 11.9.2012 passed by learned Labour Court at Rajkot in Reference (LCR) No. 77 of 1999 whereby learned Labour Court directed the petitioner municipality to reinstate the original claimant i.e. present respondent on his original post without backwages.

(3.) A glance at the impugned award brings out that in the said Reference (LCR) No. 77 of 1999 learned Labour Court proceeded on single premise viz. breach of Section 33 of the Industrial Disputes Act, 1947 (hereinafter referred to as the "I.D.Act") while terminating service of original claimant and the learned Labour Court decided entire reference on the said singular ground. Learned Labour Court reached to the conclusion that the municipality committed breach of Section 33 of the I.D. Act while discontinuing service of the claimant.