STATE OF GUJARAT Vs. SHREE VIJAJI TAKHUJI

JUDGEMENT

(1.) These appeals are filed by the State challenging the oral common order dated 06.12.2017 passed by the learned Single Judge, allowing the petition of the respondent workman. By the orders under challenge, the learned Single Judge reversed the awards of the Labour Court by which the references were dismissed and directed that the respondents be reinstated in service with continuity of service with 25% backwages.

(2.) The respondents workmen had approached the Labour Court contending that they had been in service since 1983-84 and their services were terminated with effect from 31.05.1999 without compliance of the provisions of Section 25F of the Industrial Disputes Act, 1947 (for short 'the Act'). They had also raised the contention before the Labour Court that persons junior to them were retained in service. Therefore the violation of Section 25G of the Act.

(3.) Ms. Aishwarya Gupta, learned Assistant Government Pleader assailed the order of the learned Single Judge contending that if the learned Single Judge had appreciated the table setting out the number of days which the respondents workmen had worked for, the workmen had not completed 240 days in service. She further submitted that on perusal of the seniority list it was not true that juniors to the respondent were continued in service.