STATE OF GUJARAT Vs. PRABHATBHAI SOMABHAI VAGHELA

JUDGEMENT

(1.) Special Civil Application No.5701 of 2004 is directed against the judgement and award dated 29th November 2002 passed by the Labour Court, Ahmedabad in Reference (LCA) No.1356 of 1995 whereby the petitioner was directed to reinstate the respondent workman in service with 50% back wages. Special Civil Application No.5703 of 2004 is directed against judgement and award dated 29th November 2002 passed by Labour Court, Ahmedabad in Reference (LCA) No.1381 of 1995 directing the petitioner to reinstate the respondent workman in service with 60% back wages.

(2.) In both these petitions the respondent workmen were serving with the petitioner Department as sweepers on daily rated basis. Their services came to be terminated and therefore they raised dispute which culminated into the aforesaid references and the consequential judgement and awards against which the aforesaid petitions have been filed.

(3.) Mr. Raval, learned Advocate for the petitioner submitted that the respondents were working purely on temporary basis and they have not completed 240 days and therefore there was no violation of provisions of section 25-F and G of the Act. He therefore submitted that the petitions deserve to be allowed.