LAWS(GJH)-2018-7-199

MANAGER Vs. RAJESH VAGHJIBHAI MAKWANA

Decided On July 12, 2018
MANAGER Appellant
V/S
Rajesh Vaghjibhai Makwana Respondents

JUDGEMENT

(1.) Heard Ms. Raval, learned advocate for the petitioner and Mr.Chhaya, learned advocate for the respondent.

(2.) Rule returnable forthwith. Mr, Chhaya, learned advocate for the respondent has waived service of Rule and at the request of learned advocate for the petitioner and respondent, the petition is heard for final order.

(3.) The petitioner board has challenged award dated 21.12.2015 passed by learned Labour Court at Bhavnagar in Reference (LCB) No.94/1995 whereby learned Labour Court held that the opponent employer (i.e. present petitioner) terminated service of present respondent and the termination of service was effected without following procedure prescribed by law. In light of such conclusion learned Labour Court directed present petitioner to reinstate the claimant on his original post with continuity of service however without backwages. Feeling aggrieved by the said direction the Board has taken out this petition.