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Judgment
5 paragraphs · 250 wordsK.S. Jhaveri, J.—By way of this petition, the petitioner has challenged the award dated 13.2.2004 of the Labour Court, Surendranagar in Reference (LCS) No. 7 of 1999 whereby the Labour Court has granted reinstatement with 25% backwages.
The respondent filed the reference before the Labour Court stating that she is working as daily wager since last 13 years and she has been terminated without following the procedure prescribed u/s 25(F) of the Industrial Disputes Act. The case of the petitioners is that the respondent has never worked for 240 days in a year and, therefore, the provisions of Industrial Disputes Act are not applicable. Still the Labour Court has directed reinstatement with 25% backwages. Hence, this petition.
This Court, while admitting the petition on 10.8.2004 has stayed only backwages and directed that the respondent be reinstated in service within a period of two weeks. In that view of the matter, the only question now left out for consideration is payment of 25% backwages.
The Labour Court has referred to Sections 25(F), 25(G) and 25(H), but regarding backwages, no reasons are given. Therefore, order of the Labour Court granting backwages is required to be quashed and set aside.
In the result, the petition is partly allowed. The award dated 13.2.2004 of the Labour Court, Surendranagar in Reference (LCS) No. 7 of 1999 so far as it relates to backwages is quashed and set aside. Rule is made absolute to the aforesaid extent. No order as to costs.