DISTRICT PANCHAYAT Vs. GOVINDBHAI PARBATBHAI NANDANIYA

JUDGEMENT

(1.) DISTRICT Panchayat, Junagadh has challenged the award dated 10. 5. 2000 passed by the Labour Court, Junagadh partly allowing the reference of the respondent workman setting aside the termination and directing reinstatement with 25% backwages.

(2.) LEARNED counsel for the petitioner submitted that the work for which the respondent was engaged was discontinued as the entire project was taken over by the State Government. The workman cannot, therefore, be reinstated in service. He further submitted that in a recent decision in the case of Jagbir Singh v. Haryana State Agriculture Marketing Board, 2009 AIR SCW 4824, the Apex Court has provided that in case of daily wagers, reinstatement with backwages should not be ordered even if some breach of Industrial Disputes Act is noticed.

(3.) ON the other hand, learned advocate Shri Supehia appearing for the respondent workman submitted that in identical circumstances, the award of the Labour Court was upheld by this Court in Special Civil Application No. 7269 of 2001 by the order dated 17. 11. 2003.