N.V.ANJARIA, J. - (1.) HEARD learned advocate Mr. H. S. Munshaw for the petitioner.
(2.) THE petitioner Amreli District Panchayat challenged in this petition judgment and award dated 20th November, 2013 passed by the Labour Court, Amreli in Reference (LCA) No. 4 of 2012 whereby the labour court directed petitioner employer to pay to the respondent -workman Rs. 50,0000/ - being a lumpsum amount in lieu of relief of reinstatement and back wages.
(3.) THE facts stated in nutshell were that the respondent workman was employed as peon. His services came to be terminated w.e.f. 10.02.2006. The workman invoked jurisdiction of labour court. In his statement of claim (Exh. 5), he contended that he was employed with effect from 9.11.1998 and for all the times discharged his duties faithfully. From 11.07.2000, his duties were placed under the District Development Officer and he used to work for 9 hours every day. It was his case that he put in continuous service for all these years and termination of the service was illegal and in breach of provisions of the Industrial Disputes Act, 1947. Before the labour court, the workman gave his evidence at Exh. 34. He had filed an application for production of documents at Exh. 18, pursuant to which copies of contingency bills and other documents including relevant office orders were produced by the first party employer at Exh. 28. Other evidence before the labour court comprised the evidence of the deputy executive engineer of the first party employer (Exh. 37), a certificate regarding work of the respondent workman (Exh. 30) as well as other circulars and orders. On the basis of the evidence before it, in particular, the evidence of the workman read with documentary material at Exh. 28, the labour court concluded that the workman had put in continuous service and in termination of his service, there was a breach of section 25F. Learned advocate for the petitioner could not make out any ground to dislodge the findings.;