LAWS(GJH)-2010-7-142

DEPUTY EXECUTIVE ENGINEER Vs. PRAJAPATI MANIBEN ISHVARBHAI

Decided On July 26, 2010
DEPUTY EXECUTIVE ENGINEER Appellant
V/S
PRAJAPATI MANIBEN ISHVARBHAI Respondents

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the judgment and award passed by the Labour Court, Palanpur in Reference (LCP) No.78/2002 dated 06.10.2009, whereby, the said reference was allowed and the petitioner-Board has been directed to reinstate the respondent on her original post with 30% back wages.

(2.) The facts in brief are that the respondent was working as an Attendant cum Sweeper with the petitioner since 01.09.1985. However, her services came to be orally terminated on 01.06.2002. Being aggrieved by the said action, the respondent raised a dispute, which, ultimately, culminated into a reference before the Court below. The Labour Court, after considering the evidence on record, partly allowed the reference, by passing the impugned award. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. It transpires from the record that the respondent had rendered continuous service of seventeen years with the petitioner-Board until her services came to be terminated and that in every year, she had completed more than 240 days of work. However, while terminating her services, the petitioner-Board had not following the requisite procedure, as required under the provisions of the I.D. Act. On appreciation of the evidence on record, the Court below found the impugned action of the petitioner to be violative of the provisions of Section 25-F of the I.D. Act.