Gujarat Water Supply and Sewage Board vs Natvarlal Mohanbhai Vaghela

Paresh Upadhyay, J.—Heard Mr. H.S. Munshaw, learned advocate for the petitioner and Ms. Tejal K. Shah, learned advocate for the respondent workman. Challenge in this petition is made to the award passed by the Labour Court, Ahmedabad, dated 30.07.2004 in Reference (LCA) No. 2124 of 1995, whereby the respondent workman was ordered to be reinstated in service without back-wages.

It is pointed out from record that the said award was stayed, during pendency of this petition, by this Court vide order dated 17.07.2004.

Having heard learned advocates for the petitioner and respondent workman, this Court finds that it is not in dispute that the respondent had not completed 240 days in the year preceding to his discontinuance but had worked for total 225 days in six years i.e. between the year 1988 and 1994. This evidence is of the respondent workman himself. On the face of this evidence, the petitioner could not have been granted any relief by the Labour Court.

The Labour Court has held that there was violation of Section 25B of the Industrial Disputes Act, 1947. Having gone through the record, learned advocate for the respondent workman is also not in position to point out that any of the conditions stipulated in Section 25B of the Industrial Disputes Act, 1947, was complied with in the facts of this case and that, that Section would be attracted at all, in the facts of this case. Undisputed facts, as recorded above, makes the impugned award, passed by the Labour Court, unsustainable and the same needs to be quashed and set aside. For the reasons recorded above, this petition is allowed. Impugned award of the Labour Court is quashed and set aside. Rule made absolute. No order as to costs. The interim order of this Court to the petitioner to discharge its obligation u/s 17B of the Industrial Disputes Act, 1947, would now not survive.