(1.) Shri D.G. Chauhan, learned counsel for the petitioner; Shri K.D. Vasavada, learned counsel for the respondent.
(2.) The petitioner establishment, being aggrieved by the award dated 20.6.2000 passed by the Labour Court, Rajkot in Reference [LCR] No. 809/88 [New Number - Reference [LCJ] No. 1112 of 1990], is before this Court with a submission that the award is bad, is contrary to law and therefore, the same deserves to be set aside.
(3.) The short facts necessary for disposal of the present writ application are that the respondent workman came to the Labour Court with a submission that she had worked with the department for almost about ten years and was being paid Rs.11/- per day but abruptly she was discontinued from 31.1.87 and her discontinuance amounted to illegal retrenchment, she was entitled to reinstatement with back wages. The present petitioner establishment appeared and submitted that the workman was not discontinued but she had abandoned the work of her own with effect from 31.10.87. They also submitted that on two different occasions, letters were sent to her but despite service of letters, she did not come to join the services. They submitted that the Reference deserved to be rejected. The learned Labour Court, after recording evidence and hearing the parties, came to a conclusion that the first letter asking the respondent workman to join or report on duty was issued almost after six months from the date of her alleged retrenchment. The Court also observed that this amounted to rectification of mistake on the part of the present petitioner. The Court below also observed that there was nothing on the records to prove that such registered letters were served upon the respondent workman. The Court found that one of the letters was not claimed and for the other, there was nothing on the records to show or suggest that it was served upon her. The Court below accordingly directed reinstatement with 30% back wages and also directed that benefit of continuity in service with consequential benefits be also given to her.