STATE OF GUJARAT Vs. PRABHAKARBHAI HIRJIBHAI CHAUDHARY

JUDGEMENT

(1.) RULE returnable forthwith. Learned counsel Mr. Yogen Pandya, waives service of notice of Rule for and on behalf of the respondent.

(2.) Present petition is filed by the petitioner-State 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. 20/2/2024 passed by the learned Presiding Officer, Labour Court, Valsad (hereinafter be referred to as "the Labour Court") in Reference (LCV) No. 134 of 2016, whereby, the learned Judge has partly allowed the Reference in favour of the respondent-workman granting 50% in lieu of reinstatement and consequential benefits.

(3.) Brief facts giving rise to the present petition are that, the respondent-workman was working with the petitioner department as a Watchman since last ten years and drawing wages of Rs.4,000.00 per month. It is alleged that, the services of the respondent-workman came to be terminated orally on 1/7/2015 and therefore, the respondent-workman filed claim statement before the Labour Court, Valsad. That, the petitioner opposed the reference by filing a detailed Written Statement before the Labour Court, Valsad. After hearing all the concerned parties and after examining the oral as well as documentary evidence produced on record, the Labour Court passed the impugned judgment and award dtd. 20/2/2024 in Reference (LCV) No. 134 of 2016, whereby, the learned Judge partly allowed the Reference as aforesaid.