MUNICIPAL COUNCIL UMARIA Vs. GOPAL PRASAD KACHER

JUDGEMENT

(1.) Writ petition has been preferred by Municipal Council, Umaria, as against the award dated 6.5.2008 (Ex. P.6) passed by Labour Court, Shahdol in reference case No. l/I.D.Act/07 Ref.

(2.) On failure of conciliation the case of workman was referred for adjudication to the Labour Court with respect to termination of his services. It was claimed by the workman that he was appointed on clear vacant post of Driver in the year 1995. He had continuously rendered the services till 15.5.2005, he had acquired status of permanent Driver, thus, termination of services as per oral order was illegal. No retrenchment compensation was paid. The provision of Section 25-F was also not complied with. The order of termination of services was not based on departmental enquiry. The principal of "last come, first go" was not adhered to, thus, retrenchment was illegal. The workman was receiving wages of Rs. 2180/- at the time of illegal retrenchment. He has remained unemployerd after termination of his services, thus, prayer was made for his reinstatment along with back wages.

(3.) The municipal Council was served by registered post acknowledgment due but it did not appear before the labour Court, ultimately the labour Court proceeded it ex-parte and after recording evidence on the basis of oral and documentary it has found that the workman had rendered continuous services, the order of termination was illegal. The labour Court has passed the impugned award (Ex.P.6) by which labour Court has directed reinstatement with 50% back wages. The said award has been assailed by way of filing the instant writ petition by Municipal Council.