By way of this petition, the petitioner has challenged the judgement and award dated 7.1.2004 passed by the Labour Court, Bhavnagar, in Reference (LCB) No. 247 of 1991 whereby the Labour Court allowed the Reference and directed the petitioner to reinstate the workman with 50 per cent backwages. 2. The facts of the case are that the respondent was appointed as a casual workman with the petitioner on 28.2.1995. Due to monsoon season and since no work was available with the petitioner, the respondent was discharged from service on 9.8.1990. After the monsoon season got over, the petitioner started work with limited number of workmen without calling the respondent. The respondent wrote letter to the petitioner to take him in service. Thereafter, the respondent approached the appropriate Government and raised an industrial dispute. The said dispute was referred to the Labour Court which culminated into Reference (LCB) 247 of 1991.
3. The Labour Court after hearing the parties and considering the evidence on record, passed the award as aforesaid. Hence the petitioner is before this Court.
4. During the hearing of this petition, with the consent of the parties, it is stated that in lieu of reinstatement and backwages, the petitioner will pay an amount of Rs. 51,000/- within a period of one month to the respondent.
5. In that view of the matter, it is ordered that in lieu of reinstatement and backwages, the petitioner will pay an amount of Rs. 51,000/- to the respondent within a period of one month from today. If the amount is not paid within the stipulated period, it will be open for the respondent to revive the petition.
6. With the above observation, the petition stands disposed of. Rule made absolute accordingly.
(K.S.JHAVERI, J.) (pkn)