AMRELI DISTRICT PANCHAYAT Vs. RAKHUBHAI JIVANSINH

JUDGEMENT

(1.) Shri H.S. Munshaw, learned Counsel for the petitioner; Shri P.H. Pathak, learned Counsel for the respondent.

(2.) The petitioner-employer, being aggrieved by the award dated 19.5.2000 passed by the Labour Court, Amreli in Reference Case No. 47/98 is before this Court with a submission that the learned Court below was absolutely unjustified in holding that in view of the violation of Sections 25H, 25G and 25F of the Industrial Disputes Act, 1947, the respondent workman was entitled to reinstatement.

(3.) The short facts necessary for disposal of the present case are that the respondent-workman came to the Labour Court with a submission that he was appointed on 29 days' work with an artificial break right from 1982 to 29.6.87 and he was abruptly removed from service. He submitted before the Court that he had worked for more than 240 days in 12 calendar months preceding the date of illegal retrenchment and that the work, even if was of temporary nature, in view of the principles of Slast come first go and preferential treatment to the workman, the retrenchment was illegal. It was also the case of the workman that after the illegal retrenchment of the workman, yet another person was employed at his place.