The petitioner, by way of this petition, challenged the judgement and award passed by the Labour Court, Rajkot, in Reference LCR No. 1645 of 1988 on 17.3.2006 whereby the Labour Court directed the petitioner to reinstate the respondent workman to his original post with continuity of service and 10% backwages. 2. The facts of the present case are that the respondent workman had worked as Assistant Binder with the petitioner. His services came to be terminated by the petitioner without giving any notice. Therefore, he filed claim statement before the Labour Court.
3. The petitioner resisted the claim statement by way of written statement. It is stated that the petitioner is not an Industry and therefore Industrial Disputes Act is not applicable to it. It is also stated that the respondent workman did not work for 240 days.
4. The Labour Court after considering the claim statement and the written statement filed by the petitioner, passed the award as stated above.
5. I have heard learned advocates for the parties. In view of the fact that respondent workman is reinstated to his original post and he has attained the age of superannuation, the question of continuing him in service does not arise. The Labour Court has given findings that there is a breach of provision of 25F of the Industrial Disputes Act and the order of termination of the respondent workman is not in accordance with law. The finding given by the Labour Court is just and proper which requires no interference by this Court so far as reinstatement and continuity of service is concerned. However, the order granting backwages is required to be quashed and set aside as no reasons are assigned for granting the same by the Labour Court.
6. In the result, the petition is allowed. The judgement and award granting reinstatement with continuity of service is confirmed. The order directing the petitioner to pay 10% backwages to the respondent workman is quashed and set aside. The petitioner is directed to give all the consequential benefits to the respondent workman as if he has continued in service, within six months from the date of receipt of this judgement. Rule is made absolute accordingly. No order as to costs.
(K.S.JHAVERI, J.) (pkn)