HORTICULTURE OFFICER Vs. HARIJAN BHACHIBAI MAGANBHAI

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, Gandhidham Kutch in Reference (LCB) No.388/1996 dated 02.05.2003, whereby, the said reference was allowed and the petitioner has been directed to reinstate the respondent on his original post with continuity of service and full back wages; as also the order passed by the Labour Court, Bhuj Kutch in Misc. Application No.3/2004 preferred by the petitioner dated 23.06.2005, whereby, the said application has been rejected.

(2.) The facts in brief are that the respondent herein was working as a Farm Labourer with the petitioner-Department and had worked as such for about eight years until his services came to be terminated on 14.02.1990. It is the case of the petitioner that the respondent had voluntarily abandoned his serviced. However, against the said action of the petitioner, the respondent had raised a dispute, which, ultimately, culminated into a reference before the Labour Court. The Labour Court, after considering the evidence on record, allowed the said reference, by way of passing the impugned award. Pursuant to the passing of the said award, the petitioner preferred Misc. Application No.3/2004 with a prayer to set aside the award on the ground that the same was passed ex-parte. However, the said application came to be rejected by way of the impugned order dated 23.06.2005. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. Pursuant to the Notice issued by this Court, the respondent-workman has been reinstated in service. Thereafter, while admitting the matter, this Court had stayed the impugned award only qua the direction regarding continuity of service and full back wages.