1. The petitioner by way of group of these petitions, have challenged the judgment and award passed by the Labour Court, Surendranagar in Reference (LCS) No.123 of 2001 dated 15.5.2007, whereby the Labour Court has partly allowed the Reference and directed the petitioner to reinstate the respondents workmen on their original posts without backwages, within 30 days from the publication of award.
2. The respondents workmen worked with the petitioner as daily wagers for a period of more than 10 years. They completed 240 days in one calender year and the petitioner without giving any notice, notice pay or retrenchment compensation, terminated the service of the workmen and therefore, same is against the provisions of Industrial Disputes Act, 1947. Therefore, it appears that there is breach of Section 25(F) on the part of the petitioner.
3. Heard.
4. The workmen put their job with the petitioner for more than 10 years. The petitioner has not produced the evidence like muster roll of the workmen before the Labour Court. It appears that the workmen have completed 240 days in one calender years by putting their job with the petitioner. The Labour Court found that there is no question of paying backwages by considering the provisions of the Act and it is just and proper and therefore, the Labour Court found that the workmen are entitled for reinstatement in their service without backwages. The Labour Court has discussed the case of the workmen 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 (LCS) No.123 of 2001 dated 15.5.2007 is hereby confirmed. Hence, the petitions are devoid of merit. The petitions are dismissed. Rule is discharged. The petitioner is directed to implement the order passed by the Labour Court within 30 days from today.
YNVYAS (K.S.JHAVERI, J.)