Gujarat High Court
Rajiben Prabhatbhai vs Executive Engineer, Una Irrigation ... on 28 July, 1998
Equivalent citations: (1999)IILLJ158GUJ
Bench: J.M. Panchal, K.G. Balakrishnan
ORDER
1. This is an appeal preferred by Rajiben Prabhatbhai-appellant-original Respondent in Special Civil Application No. 835/1994. The appellant was a daily worker and in 1993, she contended that her services were terminated. The Labour Court by its award dated July 25, 1993, directed reinstatement of the appellant in service with full back wages. This award was challenged by respondent-original petitioner and the learned single Judge held that the appellant herein was not entitled to get the benefit under Section 25-FF of the Act as she has not worked for more than 240 days in the previous year.
2. When the matter came up for consideration, the learned AGP Mr. Kamal Mehta has fairly conceded and submitted that a statement showing that the appellant had worked for 325 days during the relevant years. Therefore, it is proved beyond doubt that the appellant is entitled for reinstatement in service. Hence, the award passed by the Labour Court is perfectly correct and the learned single Judge was not justified in setting aside the same. Therefore, we set aside the judgment of the learned single Judge and direct that the award passed by the Labour Court be implemented.
3. Incidentally, it may also be mentioned that there was another worker by name Laxmiben Naranbhai who was also working just like the appellant and her services were also terminated. The award in this case was passed by the Labour Court and the same was challenged before this Court in Special Civil Application No. 813/1994 and the same was dismissed.
4. For the above reasons, we set aside the impugned judgment of the learned single Judge. However, we make it clear that the appellant on reinstatement in service be paid 50 % of the back wages from the date of her termination till her reinstatement. The appellant shall be reinstated in service within a period of three weeks, i.e. on or before August 28, 1998 and the amount of 50 % back wages shall also be paid in cash to the appellant on or before September 28, 1998. This appeal is accordingly allowed.