STATE OF GUJARAT Vs. RAMJIBHAI VASHRAMBHAI JADAV

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India is filed for the purpose of challenging the legality and validity of an award dated 21.07.2016 passed by the learned Presiding Officer of the Labour Court, Surendranagar in Reference (LCS) No.7 of 2000.

(2.) The background of the present petition is that the respondent workman was serving as daily rated employee right from 11.06.1994 and was abruptly after almost a period of 6 years, service of the respondent workman came to be discontinued with effect from 15.07.2000, and such discontinuance was since contrary to the mandatory provisions of Industrial Disputes Act , 1947 (hereinafter referred to as the "Act") a dispute was raised by the respondent which ultimately was referred to the learned Presiding Officer of the Labour Court for proper adjudication.

(3.) Upon such reference, at Exh.5, a claim statement has been submitted, in which, it has been narrated that after serving for a period of about 6 years while discontinuing his services neither any notice pay was given nor any retrenchment compensation was given nor even gratuity was paid and after discontinuance of respondent, new workers have also been kept on employment. Upon receipt of notice by the learned Presiding Officer, the reply in writing was produced by the petitioner at Exh.14, in which, it has been contended that the respondent was serving as Chowkidar and on his own went away and relinquished his employment since the respondent came on transfer. It was also contended in the written reply that there are no 240 days getting completed in previous years hence, the reference was requested to be dismissed.