STATE OF GUJARAT Vs. PARMAR RASIKBHAI MAKANBHAI

JUDGEMENT

(1.) Heard Mr. Joshi, learned AGP for the petitioner State, and Ms. Kamani and Mr. Pathak, learned advocates for the respondent workman.

(2.) In present petition, the Dy. Executive Engineer, R & B Department, has challenged award dated 7.3.2006 passed by learned Labour Court at Ahmedabad in Reference (LCA) No.608 of 1998 whereby the learned Labour Court has directed the petitioner to reinstate the respondent claimant with 25% back-wages and with continuity of service.

(3.) So far as factual background is concerned, it has emerged from the record that present respondent i.e. original claimant raised industrial dispute with the allegation that he was working with the opponent employer since May 1982 at the salary of Rs. 500.00 and that the opponent employer illegally and arbitrarily terminated his service on 1.4.1985 by oral order without following procedure prescribed by law. The claimant alleged that his service was terminated in breach of Sec. 25F, Sec. 25G and Sec. 25H of the Industrial Disputes Act [hereinafter referred to as "the Act"] as well as in violation of principles of natural justice and without any fault on his part. With such allegations, the claimant demanded that he should be reinstated in service.