DHRAGANDHRA MUNICIPALITY Vs. GANPATBHAI JETHABHAI MAKWANA

JUDGEMENT

(1.) HEARD learned Advocate Mr. B.D. Karia for the petitioner.

(2.) THROUGH this petition under Article 227 of the Constitution of India, the petitioner Dhrangadhra Municipality has challenged the award of the Labour Court, Surendranagar dated 26.2.2007 in Reference No. 81 of 2000 wherein the labour court has granted reinstatement to the respondent workman without back wages for intervening period.

(3.) I have considered the submissions made by the learned Advocate Mr. Karia on behalf of the petitioner. I have also perused the award made by the labour court. The respondent workman had joined the duties on the post of Mechanic in the Mechanical Branch of the establishment of the petitioner in the year 1997 -98 in the duties of a permanent nature and performed duties for a period of more than one year. In the year 1998, petitioner Nagarpalika had posted the respondent on the vacant post of Compost Ground Watchman where the workman had performed duties for a period upto 2000 January and in this manner, though the respondent had performed total duty of a period of more than three years, yet, upon constitution of the new board in the petitioner Nagarpalika, new rulers terminated the services of the respondent without there being any reason and also giving any notice or notice pay in lieu thereof and though the case of the respondent workman was pending for adjudication before the Tribunal, without obtaining prior permission of the Tribunal, terminated the services of the respondent rendering him unemployed in breach of Section 25 -F and 33(2)(b) of the ID Act and, therefore, workman was praying before the labour court to grant him reinstatement in service with full back wages for interim period with continuity of service. Respondent was appointed in March, 1997 and remained in continuous service upto November, 1998 and during that period, he completed about 453 days service as per the record of the petitioner.