The court affirmed that termination under Section 33 of the Industrial Disputes Act is applicable to part-time workers, allowing for reinstatement and back wages.

JUDGMENT :

M.K. THAKKER, J.

1. Rule returnable forthwith. Learned advocate Ms. Khushbu Chhaya waives service of Rule on behalf of respondent.

2. The present petitions are filed being Special Civil Application No. 5241, 5242, 5243 and 5244 of 2021 by the Bhavnagar District Panchayat under article 226 and 227 of the Constitution of India for following reliefs:

“(A) Be pleased to admit the present Special Civil Application.

(B) Be pleased to allow this Special Civil Application by way of passing appropriate orders, writ, mandamus or writ or directions quashing and setting aside the order dated 5.1.21 passed by the Hon’ble Labour Court at Bhavnagar in Complaint Application No. 3/14 holding that the termination of respnt. from employment with effect from 23.7.07 was contrary to the provisions of Section 33 of Industrial Disputes Act, 1947 and, therefore, the respnt. is entitled to reinstatement with continuity and 25% back wages with effect from 23.7.07 annexed as ANNEXURE-C in the interest of justice.

(C) Pending the admission, final hearing and disposal of the present Special Civil Application be pleased to stay the implementation, execution & operation of the order dated 5.1.21 passed by the Hon’ble Labour Court at Bhavnagar in Complaint Application No. 3/14 holding that the termination of respnt. from employment with effect from 23.7.07 was contrary to the provisions of Section 33 of Industrial Disputes Act, 1947 and, therefore, the respnt. is entitled to reinstatement with continuity and 25% back wages with effect from 23.7.07 annexed as ANNEXURE-C in the interest of justice.

(D) Be pleased to call for the record of case bearing Complaint Application No. 3/14 from the Hon’ble Labour Court at Bhavnagar.

(E) Be pleased to pass such other and further orders as the nature of the case may be required and the Hon’ble Court may deem thought fit to pass such order.”

3. Other petitions are filed by the workmen being Special Civil Application No. 12331, 18957, 12332, 12334, 12359 and 12333 of 2021 challenging the award passed by the learned labour court dated 23.07.2007 qua not granting the benefits of 100% back wages. As all the petitions are arising from the same award, this Court has heard all the matters together and passed a common order. For the sake of convenience, the facts of Special Civil Application No. 5241 of 2021 is taken for consideration.

4. Gist of the case is that the respondent herein was working as Hamal/Sweeper on fix salary of Rs. 675/- per month since more than 20 years. In the year 2003 reference was filed before the learned labour court at Bhavnagar praying to regularize the service and to grant consequential benefit. The said reference was filed through Maha Gujarat General Majdoor Panchayat. During the pendency of the reference, the service of the present respondents were terminated by the petitioner on 23.07.2007 and therefore, the aforesaid reference came to be withdrawn on 16.07.2014. Immediately thereafter, the complaint came to be filed under section 33(a) of the Industrial Disputes Act, 1947 (hereinafter referred to as the “IT Act”) being complaint ID No. 3 of 2014 alleging that without filing the approval application and seeking permission from the learned labour court, services were terminated during the pendency of the reference. Learned labour court has come to the conclusion that except two workmen namely Mr. Mehbub Kasambhai Pathan who is petitioner in Special Civil Application No. 18957 of 2021 and in cross petition No. 5241 of 2021 and Mr. Dipakbhai Dinubhai Hada who is petitioner in Special Civil Application No. 12332 of 2021 and in cross petition No. 5243 of 2021, has granted benefit of 25% back wages with a continuity of services. However, in two petitions i.e. of Mr. Mehbub Kasambhai Pathan and Mr. Dipakbhai Dinubhai Hada learned labour court in addition to granting the benefit of 25% back wages with continuity of services has passed an award for reinstatement which is subject matter of challenge by wa