M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 30.06.2017 passed by the learned Single Judge in Special Civil Application No.5367/2009 by which the learned Single Judge has partly allowed the said Special Civil Application preferred by the appellant herein to the extent modifying the judgment and award passed by the learned Labour Court and awarding 10% backwages from April 1989 to the date of the award, however has confirmed the order of reinstatement granted by the learned Labour Court, the original petitioner – Bhavnagar Municipal Corporation – employer has preferred the present Letters Patent Appeal under Clause 15 of the Letters Patent.

2. Though served no body appears on behalf of the respondent No.1 and therefore, the present Letters Patent Appeal is heard exparte.

3. The facts leading to the present Letters Patent Appeal in nutshell are as under:

3.1 That the respondent No.1 herein – original workman raised an industrial dispute in the year 1989 challenging his alleged termination / retrenchment in the year 1984. It is required to be noted that as such the workman was appointed as a daily wager and his appointment as a daily wager cleaner was not after following the due procedure of selection as required. It was alleged that after having worked for 8 years continuously, all of a sudden his services were terminated on and from 01.06.1984. However, as observed hereinabove, his alleged termination on and from 01.06.1984 was challenged after a period of 5 years by raising the industrial dispute in the year 1989. The dispute was referred to the Labour Court, Bhavnagar, which was numbered as Reference (LCB) No.108/1989. It was the specific case of the employer that infact the workman himself stopped coming on duty. It was also specifically the case on behalf of the employer that in none of the years more particularly in the last preceding year, he worked for more than 240 days in a year. The workman did not lead any evidence to prove that infact he worked for not less than 240 days. On the other hand the Management produced the statement showing for how many days he worked between 1978 to 1981. It was the specific case on behalf of the employer that after 1981 the workman has not worked at all. Despite the above, the learned Labour Court partly allowed the reference solely on the ground that there was a breach of section 25H of the Industrial Disputes Act, 1947 (hereinafter referred to as “ID Act”) inasmuch as after 1984 some other employees were continued / taken on duty and the workman was not called for duty. Therefore, the learned Labour Court held the termination / retrenchment in breach of section 25H of the ID Act and consequently granted reinstatement with 20% backwages from 01.08.1984.

3.2 Feeling aggrieved and dissatisfied with the judgment and award passed by the learned Labour Court of reinstatement and 20% backwages from 01.08.1984, the employer – Bhavnagar Municipal Corporation preferred Special Civil Application No.5367/2009. By impugned judgment and order the learned Single Judge has confirmed the judgment and award passed by the learned Labour Court of reinstatement, however has modified the judgment and award passed by the learned Labour Court to the extent awarding 10% backwages from the April 1989 (instead of awarding 20% backwages from 01.08.1984).

3.3 Feeling aggrieved and dissatisfied with the judgment and order passed by the learned Single Judge in confirming the order of reinstatement and awarding 10% backwages, the employer – original petitioner – Bhavnagar Municipal Corporation has preferred the present Letters Patent Appeal under Clause 15 of the Letters Patent.

4. Shri H.S. Munshaw, learned Advocate appearing on behalf of the appellant herein – original petitioner has vehemently submitted that in the facts and circumstances of the case the learned Single Judge has materially erred in confirming the order of reinstatement and granting 10% backwage