KANTILAL JIVABHAI VITHALAPARA Vs. SUPERINTENDING ENGINEER (RURAL DIVISION)

JUDGEMENT

(1.) DRAFT amendment is allowed. Petitioner to carry out the amendment forthwith.

(2.) IN this petition, the petitioner has brought under challenge award dated 6 -2 -2009 passed by the Labour Court, Jamnagar in Reference (LCJ) No. 180 of 1999.

(3.) THE petitioner was, as per his claim before the Court, aggrieved by his termination w.e.f. 20 -4 -1981 by oral order. Therefore, he raised industrial dispute which culminated into the aforesaid reference. Before the Labour Court, the petitioner herein filed his statement of claim and categorically asserted that his service was terminated w.e.f. 20 -4 -1981 by oral order. In Paragraph 2 of his statement of claim, the petitioner claimed that after the specified period of employment mentioned in his last appointment letter expired on 19 -4 -1981, he was not continued in employment and any extension was not granted, and any afresh appointment letter was not issued, and thereby, his service came to be terminated w.e.f. 20 -4 -1981. The petitioner claimed that his service was terminated without following procedure prescribed by law and that in terminating his service, the respondent violated Secs. 25F, 25G and 25H.