SCA/5888/2008 1/ 1 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5888 of 2008 ========================================================= IQBAL RASULBHAI RAJ - Petitioner(s) Versus SOCIAL FOREST RANGE (VAGARA) - Respondent(s) ========================================================= Appearance : MR DS VASAVADA for Petitioner(s) : 1, GOVERNMENT PLEADER for Respondent(s) : 1, NOTICE SERVED for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 11/07/2008 ORAL ORDER
Mr.
Vasavada has referred to the impugned award and submitted that the
petitioner was terminated after putting service, as a permanent
workman, of almost 10 years. However, while terminating his service,
the provisions under 25-F and 25-G were not complied with and
subsequently there has been violation of Section 25H also inasmuch as
certain persons were engaged by the respondent after the petitioner
was terminated. The Labour Court has recorded a clear finding that
there was breach of Section 25F and G as well as of 25H. He
submitted that despite such finding the Labour Court awarded only Rs.
31,000/- as compensation in lieu of reinstatement. He submits that
the petitioner’s grievance would have been duly redressed if he was
granted reinstatement without backages, however by the impugned
directions neither the petitioner is duly compensated nor is granted
the reinstatement. Considering the said submissions, Rule.
If the petition is not taken up for final hearing, then it would be
open for the petitioner to request the Court for an appropriate order
of interim relief.
[ K.M. Thaker, J. ]
rmr.