JUDGMENT :

VIPUL M. PANCHOLI

1. This petition is filed under Articles 226 and 227 of the Constitution of India, in which, the petitioner – Employer has challenged the award dated 17.12.2011 passed by the Presiding Officer, Labour Court, Kalol in Reference (LCK) No.204/2005, whereby the Labour Court has partly allowed the Reference and directed the petitioner to reinstate the respondent – workman with continuity of service and to pay 75% backwages.

2. Heard learned advocate, Mr. Varun K. Patel for the petitioner and learned advocate, Mr. Reena Kamani for learned advocate, Mr. P.H. Pathak for the respondents.

3. Learned advocate, Mr. Patel appearing for the petitioner submitted that the petitioner is a proprietary firm and is engaged in the business of manufacturing of Ghamelas, buckets, agricultural implements and utensils. It is submitted that there was only one post of Pressman in the manufacturing unit of the petitioner and the respondent was working as Pressman in the said unit, however, the post of Pressman was to be abolished w.e.f. 01.05.2005 and, therefore, the respondent – workman was retrenched from the services of the petitioner w.e.f. 01.05.2005 and the respondent – workman