STATE OF GUJARAT Vs. GOVINDBHAI MANGHABHAI
LAWS(GJH)-2013-1-270
HIGH COURT OF GUJARAT
Decided on January 28,2013

STATE OF GUJARAT Appellant
VERSUS
Govindbhai Manghabhai Respondents




JUDGEMENT

- (1.)THE present petition is filed challenging the award dated 23.12.2008 passed by the Labour Court, Bhavnagar in Reference (LCB) No. 76 of 1992 whereby the labour court partly allowing the reference directed the petitioner to reinstate the respondent workman with continuity of service with 10% backwages.
(2.)IT is the case of the petitioner that the workman was working with the petitioner on daily wage basis. It is the case of the petitioner that the respondent workman abandoned work from December 1984 and thereafter preferred reference before the Labour Court after 7 years. The Labour Court after hearing the parties passed the aforesaid award. Being aggrieved by the same, the present petition is preferred.
Ms. Amita Shah, learned AGP appearing for petitioner submitted that the respondent workman was not appointed against any temporary or permanent post but was given work as and when available. She further submitted that the respondent workman had stopped coming to work on his own volition and that after seven years the reference was filed. She submitted that the Labour Court erred in reinstating the workman with backwages.

(3.)MR . Yogen Pandya, learned advocate appearing for the respondent-workman supported the impugned award and submitted that the same does not call for any interference by this Court.


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