YOGESH VALLABHDAS KELAIYA Vs. JETPUR NAVAGADH MUNICIPALITY
LAWS(BOM)-2019-9-153
HIGH COURT OF BOMBAY (FROM: PANAJI)
Decided on September 24,2019

Yogesh Vallabhdas Kelaiya Appellant
VERSUS
Jetpur Navagadh Municipality Respondents




JUDGEMENT

A. P. Thaker, J. - (1.)By filing this Letters Patent Appeal, under Clause 15 of the Letters Patent, the appellant has challenged order dated 21.01.2014 passed by learned Single Judge of this Court in Special Civil Application No.21932 of 2006, whereby the appellant herein is held entitled to receive Rs.30,000/- in lieu of reinstatement in service and towards benefits of service.
(2.)Short facts leading to the filing of present appeal are as under:-
2.1 That the appellant herein-workman was serving as a Naka Clerk on purely temporary basis on the fixed salary of Rs.850/- per month. That he served from 05.04.1989 to 27.12.1990. That thereafter as his services were not required, he was not called for the duty. That the appellant raised an industrial dispute alleging inter alia that he has been discharged from service w.e.f. 27.12.1990 without following any procedure as required under the Industrial Disputes Act, 1947 [hereinafter referred to as "Act"]. It is submitted that his termination is in breach of section 25(f) of the Act as he had completed not less than 240 days in the last preceding year. That the dispute was referred to the Labour Court, Rajkot, which was numbered as Reference (LCR) No.650/1991. That the original petitioner-respondent herein filed the objection against the statement of claim at Exh.14. It was submitted that the appellant herein was kept in service only for a fixed period on daily wages and his appointment was for a fixed period and on contract basis. It was submitted that in view of section 2(oo)(bb) of the Act, there was no question of any notice and/or notice pay and/or retrenchment compensation as required under section 25(f) of the Act. That thereafter both the parties led the evidence, oral as well as documentary and on appreciation of evidence, the learned Presiding Officer, Labour Court has held that section 2(oo)(bb) of the Act would not be applicable and that the termination of the appellant herein on and from 27.12.1990 is in breach of section 25(f) of the Act. Consequently the learned Labour Court has quashed and set aside the action of the respondent herein discharging the workman from service from 27.12.1990 as illegal and has directed to reinstate the appellant herein with continuity of service but without back wages.

2.2 Being aggrieved and dissatisfied with said award dated 17.04.2006 passed by the Labour Court, Rajkot in Reference (LCR) No.650/1991, the respondent herein preferred the Special Civil Application under Article 227 of the Constitution of India. After hearing both the sides, learned Single Judge passed the impugned order and the appellant herein is held entitled to receive Rs.30,000/- in lieu of reinstatement in service and towards benefits of service.

2.3 Being aggrieved by it, the appellant has preferred present appeal.

(3.)It is contended by the appellant that the appellant has filed Misc. Civil Application No.803 of 2014 in Special Civil Application No.21932 of 2006 for review of the order passed in the main petition. It is contended that vide order dated 21.03.2014, the learned Single Judge has directed the respondent to maintain status quo ante which was prevailing prior to 14.03.2014 on condition that the applicant shall return the amount of Rs. 30,000/- which was deposited in the account of the appellant. It is contended that pursuant to the said order, the applicant has returned the amount of Rs.30,000/- by cheque dated 24.03.2014 drawn on State Bank of India, Jetpur Branch and it was further intimated by letter dated 24.03.2014 to the Nagarpalika and he was allotted the work of election duty in Lok Sabha Election in Gujarat at the relevant time. It is also contended that Misc. Civil Application No.803 of 2014 was dismissed by this Court vide order dated 07.04.2014. Being aggrieved and dissatisfied with the orders passed in main petition as well as in Misc. Civil Application, the present Letters Patent Appeal has been preferred by the appellant challenging the order of modification in the order of Labour Court and payment of Rs.30,000/- in lieu of reinstatement.


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