STATE OF GUJARAT Vs. JUBIBEN DUDABHAI JADAV

JUDGEMENT

(1.) THE petitioner-State has called into question award and order dated 10. 9. 1999 of Labour Court, Junagadh, whereby the respondent is ordered to be reinstated with full back wages from the date of reference, i. e. 7. 9. 1996. There is no dispute about the facts that the respondent claimed to be in service as a daily wage employee and labourer since 1. 7. 1989 and she was discharged from her service on 26. 12. 1993, without compliance with the provisions of Section 25-F of the Industrial Disputes Act, 1947. It was, after nearly three years, that the dispute was raised and referred to the Labour Court and in absence of any evidence of compliance with the provisions of Section 25-F, the impugned order came to be made. Learned AGP submitted that the respondent did not have the work of regular nature for the respondent and her service was liable to be terminated at any time without notice. That, however, by itself, does not absolve the petitioner from the requirements of retrenchment as prescribed in the provisions of Section 25-F of the Industrial Disputes Act.

(2.) IT was also submitted by learned AGP that the petitioner had approached the Labour Court, after a long period of about three years and, even after the impugned award has never applied for the benefits under Section 17-B of the Industrial Disputes Act. Responding to that, learned counsel, Mr. Chhaya appearing for the respondent submitted that the respondent was an illiterate labourer working at lowly wages and, the termination of her service being in violation of the conditions precedent, entitled to reinstatement, regardless of the current requirements of the petitioner. He, however, submitted that the respondent may not insist on payment of any back wages in the peculiar facts and circumstances.

(3.) ACCORDINGLY, the petition is partly allowed and the impugned award and order is modified to the extent that the respondent shall not be entitled to any back wages, but shall be reinstated on her original work with the same status and continuity of service within 30 days and paid the cost of Rs. 1,500/-, as ordered by the impugned award. It is clarified that it would be open for the petitioner to terminate the service of the respondent, in accordance with law, if her service is no longer required. Rule is made absolute accordingly with no order as to costs.