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Bharuch Nagar Palika vs Amar Jayantilal Patel

High Court Of Gujarat|27 December, 2012
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JUDGMENT / ORDER

1.0 This petition is directed against the judgement and award dated 27.12.2002 passed by the learned Presiding Officer, Labour Court No.1, Bharuch in Reference ( LCB) No. 116 of 1991 whereby the reference of the respondent came to be partly allowed by directing the petitioner to pay 25% backwages for the period from 12.06.1989 till the respondent is reinstated.
2.0 According to the respondent, he was engaged w.e.f 01.06.1986 on a permanent post of Octroi Clerk of the petitioner Nagarpalika. His services were terminated from 12.06.1989 without following procedures of law. He therefore, raised an industrial dispute which culminated into Reference (LCB) No.116 of 1991 and the Labour Court passed the judgement and award as stated hereinabove.
3.0 When the matter was admitted on 19.04.2004, following order was passed:
“Mr. Sheth, learned counsel for the petitioner states that the petitioner has already in service since 1­2­1997.
Rule. Ad­interim relief in terms of para 9(C). Notice as to interim relief returnable on 21.06.2004.”
4.0 As a result of hearing and perusal of the documents on record, it is found that the respondent was engaged only on temporary basis purely on ad­hoc basis as a daily rated wager and he was getting Rs.22.90 per day. The Labour Court has award backwages from 12.06.1990 till the respondent was to be reinstated. The respondent was reinstated since 01.02.1997. Considering the wages of Rs. 22.90 per day till 01.02.1997, the lumpsum amount of backwages would come to Rs. 20000/­ which is small amount. In that view of the matter and looking to the smallness of the amount, it will not be appropriate to entertain this petition. The petition stands disposed of accordingly. Rule is discharged with no order as to costs. Interim relief, if any, stands vacated.
(K.S.JHAVERI, J.) niru*
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Title

Bharuch Nagar Palika vs Amar Jayantilal Patel

Court

High Court Of Gujarat

JudgmentDate
27 December, 2012
Judges
  • Ks Jhaveri
Advocates
  • Ms Paurami B Sheth