MAZID KHAN Vs. MUNICIPAL COUNCIL, GOHAD

JUDGEMENT

(1.) Heard finally with the consent of learned counsel for the rival parties.

(2.) In this petition under Article 226/227 of Constitution of India, the petitioner has assailed the award dated 23/05/2016 passed in case No. 9/A/I.D. Act of 2014 referred by Labour Commissioner for adjudication has been partly allowed, wherein it has been held that the petitioner is not entitled for reinstatement in service on the ground that petitioner is a daily wager employee, but is entitled for compensation of Rs. 50,000/-, inspite of the fact that the Labour Court has found termination of the petitioner to be illegal retrenchment which has been passed without complying the provisions of section 25(F) of the Industrial Disputes Act, 1947 (herein after referred to as an 'Act').

(3.) The case of the petitioner is that he was working against the vacant post as driver of Fire Brigade Vehicle in the respondent Department since October, 2008 and has been discharging his duties to the best of his abilities and to the utmost satisfaction of his superiors. He had an unblemished service record, but to his utter surprise on 10/04/2012 by oral order the petitioner's services were terminated without assigning any reason, without any notice and without affording opportunity of hearing.