HARSHADKUMAR BHAGWATIPRASAD TRIVEDI Vs. CHOTILA GRAM PANCHAYAT

JUDGEMENT

(1.) This petition is filed by Harshadkumar Bhagwatiprasad Trivedi seeking the implementation and execution of the award passed by the Labour Court, Surendranagar in Reference No. 341 of 1992.

(2.) The petitioner -Harshadkumar joined the services of the respondent -Gram Panchayat as a clerk in March 1991. His services were terminated oil 7.12.1992 and therefore, he raised an industrial dispute which resulted in making Reference No. 341 of 1992. When the said Reference No. 341 of 1992 was before the Labour Court, Surendranagar, said reference and many other references were referred to Lok Adalat held on 21.9.96. In the said Lok Adalat, a settlement took place between the parties. Said settlement was signed by the workman as well as by one Dhirubhai describing himself as Sarpanch and he had also produced Resolution No. 50 dated 18.9.93 along with the said settlement in order to show that he was authorised to enter into said settlement. The Panel of Lok Adalat has also signed said settlement and learned advocates for both the sides also signed the same. Then the Presiding Officer of the Labour Court passed an award in terms of the said settlement on 21.9.96.

(3.) By the said settlement, present petitioner was to be reinstated with continuity of service but he was not to get any back wages. He accordingly joined the service but he was not permitted to join the duties after passing of the said award. The award was published on 12.2.97. After passing of the award, he again attempted to join his services but he was not permitted to join duties. On the contrary he was informed that the Gram Panchayat was withdrawing said settlement as according to the Gram Panchayat, said settlement was illegal. Said settlement was signed by Dy. Sarpanch and not by Sarpanch and he had no authority to sign the same and thus the petitioner was denied the fruits of the said award. Thereafter the petitioner had initiated proceedings under Section 29 of the Industrial Disputes Act and he also filed this petition. Similarly he had also initiated another proceedings to challenge the action of the respondents to withdraw the said settlement. The action taken by the petitioner to withdraw the settlement has been referred by the Government to the Industrial Court to consider the same and reference regarding action of the respondents for withdrawing the said settlement is pending before the Labour Court.