JAIRAM S/O MAHADEO SHENDE Vs. ZILLA PARISHAD, BHANDARA THROUGH CHIEF EXECUTIVE OFFICER
LAWS(BOM)-2018-11-252
HIGH COURT OF BOMBAY
Decided on November 22,2018

Jairam S/O Mahadeo Shende Appellant
VERSUS
Zilla Parishad, Bhandara Through Chief Executive Officer Respondents

JUDGEMENT

Manish Pitale - (1.) By this petition, the petitioner has challenged award dated 18.07.2014 passed by the Labour Court, in a reference made under the provisions of the Industrial Disputes Act, 1947. The reference was made by the Additional Commissioner of Labour under Section 10(1) read with 12(5) of the Industrial Disputes Act, 1947, for determination as to whether the petitioner should be reinstated in service with payment of full backwages and continuity of service with effect from 26.07.2010.
(2.) Although, the Labour Court in the impugned award categorically held that the petitioner had been able to prove that he had continuously worked with the respondent no.3- School from 2001 to 26.07.2010 and that he had completed 240 days of work in each year, consequential relief of reinstatement with full back wages was denied and instead a direction was given to respondent no.3 to pay compensation to the petitioner to the tune of Rs.1,00,000/- in lieu of reinstatement with continuity of service and back wages.
(3.) The case of the petitioner in his claim statement was that he was working as a Peon since 01.01.2001 in the respondent no.3 School wherein initially he was required to do the work of sweeping and filling water, but thereafter work of diverse nature was taken from him in the respondent no.3- School. It was submitted that he continued to work in the said school till oral termination of his service on 26.07.2010. The respondents denied the claims of the petitioner and upon the aforesaid reference being made, the Labour Court entertained the pleadings and evidence led by the parties.;


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