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Judgment
K.S. Jhaveri, J.—Though served, none appears for the respondent.
This petition is directed against the judgement and award dated 1st August 2003 passed by Presiding Officer, Labour Court, Himmatnagar in(LCH) No. 29 of 1993 whereby the petitioner was directed to reinstate the respondent workman in service with continuity of service without back wages.
The respondent herein raised a dispute stating that he was working as a reliever watachman and he was given work as and when regular watchman goes on leave. He demanded regularisation and therefore his services came to be terminated. The said dispute was recorded as Reference (LCH) No. 29 of 1998 before the Labour Court, Himmatnagar which passed the aforesaid award.
Heard the learned Advocates for the respective parties at length and also perused the relevant documents on record. As a result of this exercise, I am of the view that the Labour Court has discussed the matter in details in paragraphs 9 and 10 and recorded concrete reasons for coming to the conclusion that there is violation of provisions of Section 25F and even before this Court learned Advocate for the petitioner is not able to show any evidence to take a contrary view.
However, there is substance in the contention that there is a gross delay in raising the dispute and the Labour Court has not considered this aspect. Therefore I am of the view that the Labour Court was not justified in granting continuity of service at least for the said period.
In the premises aforesaid, interest of justice would be met by treating the intervening period as dies non. Accordingly the period from 15th February 1990 to 10th March 1998 shall be treated as dies non period. The award of the Labour Court is modified accordingly. Rule is made absolute accordingly with no order as to costs.