VETERINARY SCIENCE AND ANIMAL HUSBANDRY COLLEGE Vs. MANUBHAI MANGALBHAI PADHIAR C/O AKHIL GUJARAT GENE

JUDGEMENT

(1.) Heard Mr.D.G. Chauhan, learned counsel for the petitioner and Mr.Ashish H.Shah, learned counsel for the respondent.

(2.) The petitioner establishment, being aggrieved by the award dtd.11/1/1999 passed by the Labour Court, Anand in Reference (LCA) No.111 of 1992 (Old Reference No.256 of 1985), is before this Court under Article 227 of the Constitution of India, challenging legality, validity and propriety of the said award, where-under the learned Labour Court had directed reinstatement with 50% back wages and consequential benefits in favour of the respondent workman.

(3.) Mr.Chauhan, after taking me through the pleadings and the documents annexed with the writ application, submitted that the court below was unjustified in presuming that the petitioner establishment had terminated the respondent workman. According to him, there was nothing on record on the basis of which it could be held that the petitioner had terminated the services. He also submitted that the respondent was arrested in an criminal offence, the charges levelled against him were under secs.363, 366, 376 and other serious offence, all read with sec.114 of Indian Penal Code and under the circumstances, even if he was acquitted by the Criminal Court extending benefit of doubt in his favour, an order of reinstatement should not be made. He also argued that "such a person is not entitled to reinstatement and back wages."