JUDGEMENT
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(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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