LAWS(GJH)-1999-9-37

D Y EXEUTIVE ENGINEER Vs. HASMUKH M JASANI

Decided On September 02, 1999
D Y Exeutive Engineer Appellant
V/S
Hasmukh M Jasani Respondents

JUDGEMENT

(1.) The above two Special Civil Applications and the connected Civil Application are proposed to be disposed of by a common judgment and order.

(2.) Brief facts giving rise to the above metters are as under :

(3.) Hasmukh N. Jasani, respondent in one petition and petitioner in other petition was appointed on a short term project by the Deputy Executive Engineer, Okha Project, Gujarat Maritime Board, as work-charge Additional Assistant Engineer. He was paid basic salary of Rs.1400.00 p.m. He was issued initial appointment order for three months from 1.5.1991. He was, however, terminated from service on 1.5.1992 inspite of the fact that after expiry of fixed term he continuously worked for more than 240 days, he was not given any notice or any compensation in lieu of notice. According to the employee the order of termination was illegal and violative of Section 25(F) of the Act. Notice was given for reinstatement, but with no effect, hence industrial dispute was raised. Reference was made by the appropriate Government on 8.12.1992 whereupon the Labour Court of Jamnagar adjudicated the reference and rendered the award directing that the employer should reinstate the employee in service to his original post without backwages. The employer is aggrieved from this Award in so far as it directs reinstatement of the employee where the employee is aggrieved from a portion of Award refusing to grant any backwages.