Heard Ms. Davawala, learned advocate for the petitioner. From the award of the Labour court as well as the documents placed on record, prima facie it appears that the petitioner has not followed the due procedure under section 25(f) of the Industrial Disputes Act in dismissing the respondent workman from service. Prima facie it appears that the respondent workman had completed around 260 days of service and therefore the petitioner has breached relevant provisions of the Act in dismissing the respondent workman without due procedure of law. This court is of the view that the money involved in the litigation is public exchequer and therefore the same should not be unnecessary wasted in litigation under section 17(b). The Tribunal has considered the law laid down by the Apex Court and in para 4 of the award has given detailed reasons for granting reinstatement which is completely just and proper.
Hence, Rule. Ad-interim relief qua backwages and continuity of service is granted on condition that the respondent workman shall be reinstated in service within a period of three weeks from today.
Issue Notice as to confirmation of interim relief returnable on 11.04.2012.
(K.S.
JHAVERI, J.) Divya// Top