DEPUTY ENGINEER Vs. RAMBANBHAI H PATEL

JUDGEMENT

(1.) The petitioner panchayat has questioned the legality and validity of the award recorded by the Labour court at Nadiad on 16.10.1995 by filing this petition under Articles 226 and 227 of the Constitution of India.

(2.) The respondent-workman was working as diesel-tractor conductor with the petitioner panchayat since 1957. He was working in another sub-division before that. He raised an industrial dispute challenging termination of his service which was referred to the Labour court. The labour court vide its award passed an order of reinstatement with full back wages from the date of termination till the date of retirement. The respondent retired on attaining the date of superannuation on 3.1.1993. His service came to be terminated orally on 11.5.1981.

(3.) Learned advocate appearing for the petitioner firstly contended that service of the respondent was not terminated as such but he had abandoned. This contention is reiterated in this petition which was righty rejected by the Labour court. Upon appreciation of facts and circumstances the labour court reached the conclusion that there was no abandonment of service but the employer terminated the service of the respondent-workman orally without observing provisions of the Industrial Disputes Act, 1947.