NARESHBHAI KALUBHAI PARMAR Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) Heard Mr. Mehta, learned advocate for the petitioner and Mr. J.V. Japee, learned advocate for the respondent.

(2.) In present petition, the petitioner has challenged award dated 29.3.2007 passed by learned Labour Court at Bhavnagar in Reference (LCB) No. 238 of 1998 whereby learned Labour Court has partly allowed the reference and while holding that the termination of the claimant's service was illegal and in breach of statutory provision, learned Labour Court awarded Rs. 40,000/- as lump sum compensation in lieu of backwages. Feeling aggrieved by said direction the claimant has taken out present petition with the contention that learned Labour Court ought to have awarded reinstatement with appropriate rate of backwages.

(3.) With the allegation that the employer illegally terminated his service, the claimant raised industrial dispute. The claimant demanded that he should be reinstated in service with all benefits. Appropriate Government referred the dispute for adjudication to learned Labour Court at Bhavnagar. Learned Labour Court registered the dispute as Reference (LCB) No. 238 of 1998.