1. The petitioner by way of this petition, has challenged the judgment and award passed by the Labour Court, Junagadh, in Reference (LCJ) No.151 of 2001 dated 3.8.2007, whereby learned Judge of the Labour Court directed the petitioner to pay Rs.45,000/ in lieu of reinstatement, backwages within 30 days from the date of publication of the award.
2. Heard.
3. The workman worked for 1982 to 2001 with the petitioner. Therefore, it can be said that the workman respondent put his job with the petitioner more than about 15 years. It appears that the workman was discharging his duties as daily wager on the basis of daily wage at Rs.25/. He was more than 45 years old at the time of doing job as daily wager with the petitioner. Looking to the facts and circumstances and evidence on record, it appears that there is no evidence to disbelieve the fact that the workman was daily wager. Therefore, it was not proper to reinstate the workman on his job with the petitioner. Hence, the amount of Rs.45,000/ awarded by the Labour Court, in lieu of reinstatement in favour of the workman is just and proper. The Labour Court has discussed the case of the workman in detail while deciding the Reference and therefore, no interference is required to be called for by this Court. This Court is in total agreement with the findings given while passing the award by the Labour Court. The award passed by the Labour Court, Junagadh in Reference (LCJ) No.151 of 2001 dated 3.8.2007 is hereby confirmed. Hence, petition is devoid of merit. The petition is dismissed. Rule is discharged.
YNVYAS (K.S.JHAVERI, J.)