STATE OF MAHARASHTRA Vs. SAYYEDLAL GANI SAYYED

JUDGEMENT

(1.) AS the same judgment and Award passed by the Judge, 2nd Labour Court, Ahmednagar in Reference I. D. A. No. 56 of 1993 dated 27-12-1999 is challenged in both these petitions, the said petitions are being disposed of by his common judgment.

(2.) WRIT Petition No. 717 of 2001 is filed by the State of Maharashtra through the Executive Engineer, Public Works Division, Ahmednagar (hereinafter referred to as "the employer") and the Writ Petition No. 4759 of 2001 is filed by one Sayyedlal Gani Sayyed (hereinafter referred to as "the employee" ). The Labour Court by its judgment and Award partly allowed the reference made under section 10 of the Industrial Disputes Act, by the Deputy Commissioner of Labour, Nashik Division, Nashik and thereby granted reinstatement with continuity of service to the employee and rejected his claim for payment of full back wages. The employer challenges the order to the extent it grants reinstatement with continuity of service to the employee and the employee has challenged that part of the order by which the entire claim for back wages is denied and rejected. The relevant facts giving rise to the controversy and which are necessary for adjudicating the issue involved in these petitions are narrated, in brief, herein below.

(3.) THE employee was working as a Labourer in the employment of the employer and was doing the work of maintenance and repairs of the road work. It is not in dispute that the employee has rendered the service from 1-1-1983 to February 1987 and his services came to be terminated orally without issuing written order. The employee was terminated from service at the end of February 1987. He chose to file statement of claim in the year 1993 which came to be referred to the Labour Court. The Labour Court has recorded a finding of fact, on appreciation of evidence and material on record that:.