LAWS(GJH)-2018-3-145

KESHOD NAGARPALIKA Vs. SUBHASHBHAI BHANJIBHAI MADHAK

Decided On March 19, 2018
KESHOD NAGARPALIKA Appellant
V/S
Subhashbhai Bhanjibhai Madhak Respondents

JUDGEMENT

(1.) By way of the present petition filed under Articles 226 and 227 of the Constitution of India, the petitioner - Keshod Nagarpalika through its Chief Officer has challenged the impugned award dated 06.09.2017 passed by the learned Presiding Officer, Labour Court No. 1, Junagadh in Reference (T) Case No. 13 of 2014, by which, the Labour Court No.1, Junagadh has allowed the Reference in part after holding the action of the petitioner Nagarpalika of retrenching the respondent No.1 as illegal and further directing the petitioner Nagarpalika to reinstate respondent No.1 with continuity of service without back wages.

(2.) The facts arise from the record are as under:

(3.) Mr. Hriday Buch, learned advocate appearing for the petitioner Nagapalika, would submit that the Labour Court No.1, Junagadh has committed error in allowing the reference in part. He would further submit that the respondent No. 1 was appointed by the petitioner Nagarpalika without following the procedure of law. He, therefore, would submit that the petition be admitted and the implementation of the award be stayed.