CHIMANBHAI MANGALBHAI THAKORE Vs. DEPUTY EXECUTIVE ENGINEER

JUDGEMENT

(1.) Assailing the award of learned Presiding Officer of Labour Court, Anand dated 28.3.2007 in Labour Reference (LCA) No.915 of 1992 (Old matter No.190 of 1991), the present petition is preferred under Articles 226 and 227 of the Constitution of India.

(2.) Petitioner herein has joined service on 29.6.1984. It is his case that he worked in a dual capacity of watchman and Tubewell Operator. He worked under administrative control of the Deputy Executive Engineer, Bhadran Irrigation Sub-Division, Borsad and was paid monthly salary of Rs. 575/-. The last salary he drew was of Rs. 1102/per month. It is his case that he continued to serve respondent authority for four years and on 8.8.1988 without following any procedure of law, his services came to be terminated. The petitioner being aggrieved by the action of the respondent authority of terminating his services without following the law, had approached the Labour Court with Reference No.190 of 1991. He had moved the machinery under the Industrial Disputes Act, 1947 and his grievance was referred to the Labour Court, Anand for adjudication being Reference (LCA) no.915 of 1992.

(3.) The statement of claim was filed and additional statement was also furnished before the Court concerned. After availing the opportunity to the parties on 28.3.2007, the learned Presiding Officer allowed the reference partly and rejected his prayer of reinstatement. However, the lump-sum compensation was given as per section 25F of the Industrial Disputes Act along with 6% interest from the date of termination. Since this has aggrieved the petitioner, he is before this Court with the following reliefs: