SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Guj) 1455

BIREN VAISHNAV
Junagadh District Panchayat – Appellant
Versus
Kachrabhai Sidibhai Malam – Respondent


Advocates Appeared:
For the Petitioner: Mr. H.S. Munshaw.
For the Respondent: Mr. Samir B. Gohil.

JUDGMENT :

1. Both these petitions under Articles 226/227 of the Constitution of India challenge the awards passed by the Labour Court, Junagadh, in Reference (T) Case No.81 of 2008 and Reference (T) Case No.83 of 2008 dated 22.02.2017 by which the Labour Court has allowed the references of the respondent workmen and directed reinstatement without back-wages.

2. For the purposes of this judgment, facts of Special Civil Application No.11239 of 2017 will be considered.

3. Before the Labour Court, the respondent-workmen aggrieved by his termination on 22.11.2007, approached the Labour Court assailing the same on the ground that it was in violation of Section 25F of the Industrial Disputes Act. It was the case of the respondents that they were engaged in the Seed Farm run by the Junagadh District Panchayat since 1988. It was their case that their appointment was within the set up in accordance with the regular procedure of recruitment and in fact, by an award passed by the Labour Court in the earlier round when the Labour Court had directed the petitioner Panchayat to grant them the benefits of the resolution dated 17.10.1988. The award which was challenged before the High Court is confir

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top