MUNICIPAL CORPORATION, JABALPUR Vs. MANOJ PATEL

JUDGEMENT

(1.) This petition under Art. 227 of the Constitution of Indian is directed against the Award dated 08.01.2016 passed by labour Court Jabalpur; whereby, the services of the respondent is directed to be reinstated with entire back wages.

(2.) The dispute emanated from the fact that the respondent being engaged as notice server on daily wages w.e.f. 26.04.1994 was dispensed with from service w.e.f. 30.04.2001. The termination was found fault with by the labour Court in a proceeding forming subject matter of Industrial Reference:4/2008/IDR because of non compliance of provisions under Sec. 25 F Industrial Dispute Act 1947 (for short "the Act of 1947)", which resulted in passing of Award on 09.05.2011, directing reinstatement without back wages. The respondent was reinstated on 17.05.2012 and later his services were dispensed with by order dated 07.07.201 On raising of industrial dispute, the matter was referred to the labour Court.

(3.) As regard to issue No.1 the labour Court found fault with the order of termination since the order of termination was not accompanying the retrenchment compensation. Finding to that effect is recorded in paragraph 8 in the following terms-