1. This petition is directed against the award dated 24.05.2006 passed by the Labour Court, Palanpur in Reference Case (LCP) No. 371/1996 whereby the Labour court granted reinstatement without backwages.
2. It is the case of the present petitioner that the respondent employee was serving as daily wager and was terminated from service without following due procedure of law. Being aggrieved by the same, the respondent employee preferred the aforesaid reference. After hearing both the sides, the Labour Court passed the impugned award rejecting the reference.
3. Mr. Pujara, learned AGP appearing for the petitioner contended that the Labour Court erred in not appreciating the provisions of the law. He submitted that the labour court failed to appreciate the fact that the petitioner had not completed 240 days in a year and was infact a daily wage employee and therefore the authority rightly discontinued the services of the petitioner.
4. Heard learned counsel for the petitioner. I have gone through the award of the Labour Court and the evidence available on record. The fact remains that the respondent employee was dismissed from service without issuing notice or granting notice pay. The reference was filed for adjudication as to whether the dismissal was bad in law. The petitioner has committed breach of sections 25(F) of the Industrial Disputes Act and therefore, I am not inclined to exercise powers under Section 226 of the Constitution of India.
4.1 Nothing was produced on record to substantiate the claim of the petitioner that the respondent employee did not complete 240 days of service in a calendar year. On the contrary it was proved the other way round. The petitioner ought to have followed the mandatory provisions in dismissing the services of the respondent employee and in absence of the same this Court thinks it fit to confirm the order of the Labour Court.
5. In the premises aforesaid, the petition is dismissed. The impugned award passed by the Labour Court is hereby confirmed. Rule is discharged. Interim relief if any stands vacated.
(K.S.JHAVERI, J.) divya