EXECUTIVE ENGINEER Vs. JASUBEN APABHAI RATHOD

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India the petitioners-Executive Engineer and others have prayed for an appropriate writ, order or direction quashing and setting aside the impugned judgement and award dated 27/04/2004 passed by the Industrial Tribunal, Bhavnagar in Reference (I.T.) No. 64/1995 by which the Industrial Tribunal has granted permanency to the original workman-Apabhai Khodabhai from September, 1995 and has directed to treat him as permanent employee and consequently to pay all other consequent benefits inclusive of arrears of wages etc.

(2.) Shri Mankad, learned advocate appearing on behalf of the respondents herein-heirs of the original workman have stated at the bar that if the petitioners are directed to pay the retirement benefits, which are available to the original workman, treating him as daily wager, the respondents will be satisfied and they have no objection if the impugned judgement and award declared by the Industrial tribunal is set aside.

(3.) In view of the above, he does not invite any further reasoned order. In view of the above, the present Special Civil Application is partly allowed and the impugned judgement and award declared by the Industrial Tribunal, Bhavnagar dated 27/04/2004 passed in Reference (I.T.) No. 64/1995 is hereby quashed and set aside. However, the petitioners are directed to consider the case of the original workman-Apabhai Kodabhai for retirement benefits as were available to him as daily wager for the period he worked i.e. 1979 to 1995 and necessary calculation shall be made by the petitioners within a period of two months from today and actual payment shall be made to the respondents-heirs of the original workman within a period of one months thereafter. Rule is made absolute to the aforesaid extent. No cost.