SHINOR TALUKA PANCHAYAT Vs. MANJULABEN SURYABHAI VASAVA

JUDGEMENT

(1.) RULE returnable forthwith. Learned counsel Mr. Robin Prasad, waives service of notice of Rule for and on behalf of the respondents.

(2.) Present petition is filed by the petitioner-Panchayat under Articles 226 & 227 of the Constitution of India read with the provisions of the Industrial Disputes Act, 1947 (hereinafter be referred to as "the Act") challenging the judgment and award dtd. 18/7/2017 passed by the learned Presiding Officer, Labour Court, Vadodara (hereinafter be referred to as "the Labour Court") in Reference (LCV) No. 437 of 2011, whereby, the learned Judge has partly allowed the Reference filed by the respondent-workman and directed the petitioner to reinstate the respondent in service with 35% back wages; as well as the order dtd. 5/7/2023, passed by the learned Presiding Officer, Labour Court, Vadodara in Recovery Application No. 186 of 2020, whereby, the learned Judge has partly allowed the recovery application directing the petitioner to pay Rs.3,50,806.00 alongwith 6% interest to the legal heirs of the deceased respondent-workman, from the date of filing of the recovery application and also awarded Rs.5,000.00 towards cost.

(3.) Brief facts giving rise to the present petition are that, the deceased respondent-workman was appointed as watchmen/Mali with effect from 1/1/1988 with the petitioner-Panchayat and he was terminated in the year of 1994 and therefore, the respondent-workman filed Reference No. 75 of 1995, which was allowed on 1/3/1999, pursuant to which, the respondent-workman was reinstated in the service. Thereafter, again the respondent-workman was terminated from the service in the year 2011 and therefore, he filed another Reference No. 437 of 2011, which was came to be allowed by the Labour Court vide order dared 18/7/2017 and directed the petitioner to reinstate the respondent in service with 35% back wages. That, the award came into operation in the year of 2018, meanwhile, the original workman expired on 8/2/2020 and therefore, the respondents, being the legal representative and heirs of the deceased workman, filed recovery application which was came to be allowed by the Labour Court vide order dtd. 5/7/2023 directing the petitioner to pay Rs.3,50,806.00 alongwith 6% interest to the legal heirs of the deceased respondent-workman, from the date of filing of the recovery application and also awarded Rs.5,000.00 towards cost.