STATE OF GUJARAT Vs. VALIBEN SAVJIBHAI

JUDGEMENT

(1.) Heard the learned AGP Mr. Hemant Makwana on behalf of the petitioners. In this group of petitions under Article 227 of the Constitution of India, petitioner have challenged the common award passed by the Labour Court Surendranagar in reference No. 130/2000, 131/2000, 132/2000, 133/2000, and 121/2000 dated 28/12/2006 respectively. The Labour Court has set aside termination order of each respondent and granted reinstatement with continuity of service without back wages of interim period. All these references were consolidated with consent of both the parties, therefore, common award has been passed by the Labour Court Surendranagar.

(2.) Learned AGP Mr. Makwana submitted that the Labour Court has granted reinstatement without back wages with continuity of service. According to him, some of the respondents have completed more than 10 years and in one case references No. 132/2000 respondent has completed three years service. The service of the respondents were terminated orally on 31/8/1985.

(3.) Learned AGP Mr. Makwana submitted that disputes were raised by the respondents after period of 15 years as per contention raised in para 12 of written statement which is at page 42. Therefore, references are fatal and Labour Court should not have decided the merits of the matter.