EXECUTIVE ENGINEER Vs. HARESHBHAI BHURABHAI VALA

JUDGEMENT

(1.) Heard Mr. Hasurkar, learned advocate for the petitioner, and Mr. Rathod, learned advocate for the respondent.

(2.) The petitioner electricity board has taken out this petition against the award dated 25.11.2004 passed by the learned Labour Court, Rajkot in Reference (LCR) No.643 of 1993 whereby the learned Labour Court has directed the petitioner board to reinstate the respondent workman with continuity of service and to pay back wages at the rate of 25%.

(3.) The factual background giving rise to present petition is that, the respondent workman claimed that he was employed by the petitioner board w.e.f. 1.6.1990 and his service came to be illegally terminated w.e.f. 2.7.1993. The respondent workman also claimed that before terminating his service, the petitioner board had not followed the procedure as prescribed by the Industrial Disputes Act, 1947 [hereinafter referred to as "the Act"] and his service was orally and arbitrarily terminated in July 1993 though he had put in and completed work and service for more than 240 days before his service came to be terminated. On such allegations, the respondent workman raised dispute which was considered as industrial dispute and since any settlement was not arrived at between the parties, the appropriate government passed order of reference dated 24.12.1993 and referred the dispute for adjudication to learned Labour Court at Rajkot. The said reference culminated into Reference (LCR) No.643 of 1993.