LAWS(GJH)-2009-3-8

BECHARBHAI NARANBHAI Vs. EXECUTIVE ENGINEER

Decided On March 03, 2009
BECHARBHAI NARANBHAI Appellant
V/S
EXECUTIVE ENGINEER Respondents

JUDGEMENT

(1.) THE petitioner has challenged award dated may 16, 2008 passed by the Presiding Officer, labour Court, Surendranagar in Reference (LCS) Case No. 33/2002, whereby the Labour court has rejected the said reference wherein the petitioner challenged his alleged oral termination w. e. f. April 21, 1984 and prayed for reinstatement with all consequential benefits.

(2.) HEARD. Mr. H. S. Mulia, learned advocate appearing on behalf of the petitioner. He submitted that the delay was duly explained by the petitioner. He claimed that the termination was effected in breach of pre-conditions prescribed by law and that the termination being illegal the petitioner rightfully deserved reinstatement and other benefits.

(3.) THE petitioner herein had raised an industrial dispute upon being aggrieved by alleged oral termination on April 21, 1984. In view of the said grievance the reference was made to the Labour Court. The petitioner herein filed his statement of claims alleging that he was working with the respondent-Panchayat since last seven years as daily wage labourer and his service was terminated with effect from April 21, 1984 without following any procedure prescribed by law. The petitioner also alleged breach of Sections 25-F, 25-G and 25-H of the industrial Disputes Act, 1947.