DISTRICT PANCHAYAT Vs. AMARSINH RAMSINH

JUDGEMENT

(1.) The petitioner in this petition has challenged the validity and legality of the award dated 14.7.1998 rendered by the Labour Court, Jamnagar, directing the petitioner to reinstate respondent No. 1 with 25% backwages. Notice of this petition was issued to the respondent. Shri T.R. Mishra, learned counsel, appears for the respondents. No affidavit has been filed on behalf of the respondent. Learned counsel for the parties were heard at length and this petition can be finally disposed of at the admission stage.

(2.) The petitioners engaged respondent No. 1 as daily wager Chowkidar on purely temporary basis depending upon the requirement. Theft of iron bars was committed for which a report was lodged with the police of Jamnagar. Theft was committed on 17.4.1988. The petitioner was arrested in connection with theft case under Section 381 and 114 of I.P.C. Investigation was going on and ultimately charge-sheet was submitted and the petitioner faced trial. He was ultimately acquitted. On the basis of the report lodged with the police about the theft of iron bars, respondent No. 1's service was dispensed with on 18.4.1988 vide annexure-A. After acquittal from criminal case, respondent No. 1 raised industrial dispute. The matter was referred to the Labour Court and the Labour Court rendered the impugned award in favour of respondent No. 1.

(3.) The contention of the learned counsel for the petitioners has been that the award is presumptive, illegal and perverse. Whereas the learned counsel for the respondent No. 1 contended that the award is perfectly justified and requires no interference.