RAMJIBHAI DHANJIBHAI Vs. DEPUTY EXECUTIVE ENGINEER
LAWS(GJH)-2010-12-270
HIGH COURT OF GUJARAT
Decided on December 21,2010

RAMJIBHAI DHANJIBHAI Appellant
VERSUS
DEPUTY EXECUTIVE ENGINEER Respondents

JUDGEMENT

- (1.)In both these petitions the Petitioners have challenged the award passed by the Labour Court for not granting back-wages, though the Labour Court has granted reinstatement.
(2.)It is the case of the Petitioner in Special Civil Application No. 15769 of 2010 that the Petitioner workman worked continuously for period of more than 3 years and his services were terminated on 25.5.1984 without any reason and without complying with the mandatory provisions of the Industrial Disputes Act. The workman was neither given one month notice nor he was paid retrenchment compensation at the time of termination of his service. It is also the case of the Petitioner that at the time of his termination, junior persons to the Petitioner were continued and even after termination fresh recruitments were made by the Respondent.
(3.)Similarly the case of the Petitioner in Special Civil Application No. 15770 of 2010 is that he has worked continuously for period of more than 5 years and his services were terminated from 25.5.1984. The rest of the averments made by the Petitioner are same as that of Special Civil Application No. 15769 of 2010.


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