JUDGMENT :

1. By way of present petition under Articles 226 and 227 of the Constitution of India, the petitioner - employer – Paschim Gujarat Vij Company Limited, Bhavnagar has challenged the judgement and award passed by the Labour Court, Bhavnagar in Reference (LCB) No.296 of 2000 dated 11/5/2010, by which, the Labour Court directed the petitioner to reinstate the original respondent workman on his original post with continuity of service and other consequential benefits with 20% back wages.

It is pertinent to note that during the pendency of the present petition, the original workman died and hence his widow being heir has been joined as party respondent No.1.1 pursuant to the order passed in Civil Application No.1 of 2020 dated 23/12/2020.

It is relevant to note that the Coordinate Bench of this Court vide order dated 30/09/2020, issued Rule and granted ad-interim stay of the impugned judgement and award passed by the Labour Court subject to compliance of section 17B of the Industrial Disputes Act.

2. FACTS :

2.1. It is the case of the petitioner that the original workman was serving purely on temporary and ad-hoc basis for the purpose of taking meter reading of seasonal consumers a