AASIF SAIFUDDIN VORA Vs. KHODIYAR MANDAP SERVICE

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for an appropriate Writ to direct the respondent to pay full backwages and quash and set aside the limited part of award which refuses to grant 60% backwages to the petitioner and to modify the award and grant 100% backwages instead of 40%.

(2.) The petitioner was appointed as Labourer in January, 1985 with the respondent Company and he was drawing Rs.950/- per month as salary. The petitioner worked continuously till the date of termination i.e. 10.02.1989. Aggrieved by the same, the petitioner gave demand notice dated 15.04.1989, which was refused. Thereafter, complaint was made before the Labour Department, Rajkot and thereafter, Assistant Commissioner of Labour, Rajkot made reference for adjudication to Labour Court, Rajkot on 12.10.1989 and said dispute was registered as Reference (LCR) No.1365 of 1989 and since, ex-parte award was passed by the learned Labour Court, Rajkot, it was restored as application was moved by the Employer. Thereafter, it was renumbered as Reference (LCR) No.387 of 2001.

(3.) The learned Labour Court, Rajkot passed the award on 30.11.2002 directing the respondent to reinstate the workman in continuous service with 40% backwages and since 60% of the backwages was denied, the petitioner has preferred present petition challenging the impugned award passed by the learned Labour Court, Rajkot.