DHARMENDRA MOHANBHAI RATHOD Vs. VALIYA GRAM PANCHAYAT

JUDGEMENT

(1.) Heard learned advocate for the petitioner and learned advocate for respondent.

(2.) In present petition, the Original claimant before the learned Labour Court ( in Reference No.271/2013) has challenged award dated 23.2015 passed by learned Labour Court at Bharuch in Reference (T) No.271/2013 whereby the learned Labour Court rejected the reference.

(3.) It has emerged from the submissions by learned advocate for petitioner and respondents that the learned Labour Court rejected the Reference on the premise that Gram Panchayat who appointed the petitioner had no authority to appoint an employee ( present petitioner) and that therefore the petitioner's appointment was ab-initio illegal and unauthorised and that therefore even though the claimant established breach of Section 25F (at the time when his service came to be discontinued), any relief in favour of a person whose appointment is ab initio illegal cannot be granted.