KUTIANA NAGAR PANCHAYAT Vs. BAHADURSINH MULSINH

JUDGEMENT

(1.) Perused the Special Civil Application and heard learned counsel for the petitioner.

(2.) Challenge has been made by the petitioner to the Award of the Labour Court, Rajkot, dated 18th February, 1983 made in Reference (LCR) No. 311 of 1978. The respondent workman raised industrial dispute in connection with his termination of services by the petitioner which has been referred to the aforesaid Labour Court and the Award has been made for his reinstatement on the original post with continuity of services and with full backwages.

(3.) Though on merits, I am prima-facie satisfied that even the Award to the extent of reinstatement ordered by the Labour Court, Rajkot is not correct, but the operation of that Award has not been stayed by this Court and the learned counsel for the petitioner fairly conceded that the respondent-workman was reinstated in service and is working on the post till date. On putting a question by the Court to the petitioner's counsel, he admitted that there is no complaint against the workman for all these years about his work and efficiency etc. Now the workman is working for all these 13 years and at this stage in case the reinstatement which is ordered by the Labour Court is set aside, then it may cause greater hardship not only to the workman, but to his family members also. The charges against the workman are also of remaining absent from duty and not any charge of misappropriation of embezzlement. In view of this fact and further as the learned counsel for the petitioner is also not very seriously contesting that part of the Award to the extent where the respondent-workman was ordered to be reinstated in services by the Labour Court, the same is maintained to that extent.