Navsari Nagarpalika vs Imtiyaz Ibrahim Tailor

K.S. Jhaveri, J.—This petition is directed against the judgment and award dated 10th December 2003 passed by Labour Court, Navsari, in

Reference (LCN) No. 18 of 1999, whereby the Labour Court has directed the petitioner to reinstate the respondent in service with 10% back

wages.

The respondent was working with the petitioner municipality on ad hoc basis. He raised a dispute against his alleged termination which was

referred to Labour Court which passed the aforesaid judgment and award.

It is stated by learned Advocate for the petitioner that the respondent had been reinstated in service, but he has not reported for duty since 1st

October 2007. Since the petitioner has already implemented the order of reinstatement, I am of the view that it would not be appropriate the order

of reinstatement at this stage. The Labour Court has rejected the contention that there is violation of provisions of Section 2(oo)(bb) of the Act and

nothing is pointed out in this petition to take a contrary view of the matter.

However, the Labour Court has not given any cogent and convincing reasons for granting back wages. There was no plea nor evidence or

proof to show that from the alleged discontinuation of his service till the date of the award, the respondent was not in gainful employment. I am

therefore of the view that there was no justification for grant of back wages.

In the premises aforesaid, the judgment and award impugned in this petition qua back wages is quashed and set aside. The rest of the award is

confirmed. It is clarified that if the respondent has not reported for duty, he will not be entitled to any other benefits. Rule is made absolute to the

aforesaid extent with no order as to costs.