SHAPUR GRAM PANCHAYAT Vs. GIRISHBHAI JASMATBHAI MANAVADRIYA

JUDGEMENT

(1.) The present petition is filed under Article 226 of the Constitution of India by the Panchayat, challenging the legality and validity of the award passed by the Presiding Officer, Labour Court, Junagadh, in Reference (IT) No.55 of 2015, dated 29.9.2018.

(2.) The case of the petitioner is that respondent - workman claiming to be working as Pump Operator in the petitioner - Gram Panchayat from 25.5.2000 to 2.5.2015 at a monthly salary of Rs.4500/?. It has been stated that respondent - workman had claimed that without due process of law and without any cogent reason, his services were put to an end on 2.5.2015 which has raised an industrial dispute which ultimately referred to the Presiding Officer after failure report and the same was registered as Reference (IT) No.55 of 2015. It is the case of the petitioner that despite the fact that the Panchayat was not falling within the purview of industry, the Presiding Officer, without examining the evidence on record at length, was pleased to dispose of the reference in favour of the respondent - workman, whereby an award of reinstatement is passed with continuity of service to his original post, of? course, without back wages and set aside the order dated 2.5.2015 passed by the Panchayat. As a result of this, present petition is submitted before this Court.

(3.) It appears from the record that respondent had submitted a claim statement at Exh.7, inter?alia, contending that w.e.f. 25.5.2000 he was working as Pump Operator on a permanent post and was discharging the duties of permanent nature. His last drawn salary was Rs.4500/? and for some unknown reason, orally, after a length of approximately 15 years of service, abruptly, by oral order, the respondent - workman was discontinued from the service. Neither any procedure was observed nor any condition precedent is followed while discontinuing the respondent and though he has completed 240 days in each year, the petitioner Panchayat has not observed the condition of Section 25F of the I.D.Act,1947 and based upon this, the claim was submitted of reinstatement with full back wages.