DEPUTY EXECUTIVE ENGINEER Vs. AMRUTLAL GOPALBHAI PANCHASARA

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India is filed against the award dtd. 4/5/2017 passed by the Presiding Officer, Labour Court, Jamnagar in Reference (IT) No. 30 of 2010.

(2.) The petitioner before this Court is a State Authority where the respondent-workman claims to have worked as a Daily Wager, but was terminated without following the due process of law has raised an industrial dispute against the alleged illegal termination. The main contention raised by the petitioner is the delay in raising an industrial dispute, which is not only unexplained, but also inordinate for the period of 19 years.

(3.) Learned advocate for the petitioner, by drawing attention of this Court to the impugned award, submits that the respondent, who was qualified Bachelor in Engineering (Civil) has waited for the period of 19 years after his alleged termination. This issue was raised at the first instance and before the Labour Court in the reply to the statement of claim, however, the Labour Court has failed to address the same and has directly awarded reinstatement without back-wages by considering the breach of Sec. 25(F), (G) and (H) of the Industrial Disputes Act, 1947 (herein after referred to as the "Act").