RAJKOT DISTRICT PANCHAYAT Vs. JANMAMAD HUSENBHAI PABADA

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent is at the instance of an unsuccessful writ applicant of a writ application and is directed against the judgment and order passed by a learned Single Judge of this Court dated 14th November, 2019 in the Special Civil Application No.8132 of 2018, by which, the learned Single Judge rejected the writ application filed by the appellant herein thereby affirming the award passed by the Labour Court, Rajkot.

(2.) The facts, giving rise to this appeal, may be summarized as under;

(3.) Mr. Munshaw, the learned counsel appearing for the appellant vehemently submitted that the learned Single Judge committed an error in rejecting the writ application and thereby affirming the award passed by the Labour Court. He would submit that the respondent was offered appointment as a daily wage driver in 1998. However, he abandoned the work with effect from 6th September, 2003 on his free will and volition. Mr. Munshaw would submit that the learned Single Judge ought to have appreciated an important question of law that the award passed by the Labour Court is contrary to the provisions of the Industrial Disputes Act, 1947. Mr. Munshaw would submit that the learned Single Judge committed a serious error in holding that the termination of the workman is in violation of the provisions of Section 25F and 25H respectively of the Act, 1947.