AHMEDABAD MUNICIPAL CORPORATION Vs. BHANUBEN BHARATBHAI

JUDGEMENT

(1.) THE present appeal under Clause 15 of the Letters Patent is directed against the order dated 24th September 2007 passed by the learned Single Judge in Special Civil Application No. 17352 of 2007 whereby the learned Single Judge dismissed the petition filed by the appellant Corporation.

(2.) THE appellant Corporation has challenged the award passed by Labour Court, Ahmedabad in Reference No. 894 of 1998 dated 24th August 2004 by filing the aforesaid writ petition. The two respondents herein viz. (i) Bhanuben Bharatbhai and (ii) Madhuben Bhagwandas filed the Reference against their termination on the ground that no opportunity was given to the workmen. That contention was objected by appellant that there is no need to give opportunity to respondents before cancelling the names of both the respondents workmen from waiting list. The Labour Court has granted reinstatement to the original post and on average last working days of two years of both respondents, 35% wages have been granted in favour of respondents against which the appellant Corporation filed the writ petition before this Court, which was rejected by the learned Single Judge.

(3.) HEARD the learned counsel for the parties. The learned Single Judge has found that the Tribunal has held on facts that the termination order was against the principles of natural justice. We are informed by the learned counsel for the appellant that they completed the formality by putting the names of the respondents on the notice board. That by itself is not considered sufficient because, a Badli worker does not go to notice board and he has to be intimated in his capacity as Badli worker, which was not done in the present case. Further, the petition was dismissed on the ground of delay. The award was challenged after two years. We do not see any reason to interfere with the order.