JUNAGADH DISTRICT PANCHAYAT Vs. KACHRABHAI SIDIBHAI MALAM

JUDGEMENT

(1.) Both these petitions under Articles 226/227 of the Constitution of India challenge the awards passed by the Labour Court, Junagadh, in Reference (T) Case No.81 of 2008 and Reference (T) Case No.83 of 2008 dtd. 22/2/2017 by which the Labour Court has allowed the references of the respondent workmen and directed reinstatement without back-wages.

(2.) For the purposes of this judgment, facts of Special Civil Application No.11239 of 2017 will be considered.

(3.) Before the Labour Court, the respondent-workmen aggrieved by his termination on 22/11/2007, approached the Labour Court assailing the same on the ground that it was in violation of Sec. 25F of the Industrial Disputes Act. It was the case of the respondents that they were engaged in the Seed Farm run by the Junagadh District Panchayat since 1988. It was their case that their appointment was within the set up in accordance with the regular procedure of recruitment and in fact, by an award passed by the Labour Court in the earlier round when the Labour Court had directed the petitioner Panchayat to grant them the benefits of the resolution dtd. 17/10/1988. The award which was challenged before the High Court is confirmed and therefore the termination was bad.