DAMNAGAR MUNICIPALITY Vs. SHANTABEN

JUDGEMENT

(1.) Heard learned Advocate Mr. Dipen K. Dave for petitioner Damnagar Municipality. Petitioner Damnagar Municipality has challenged common award passed by labour court, Amreli in Reference NO. 18/04 to 22/04 and 34/04 to 35/04 Exh. 57 dated 13th July, 2009. Labour Court has partly allowed reference and granted reinstatement in favour of respondents workmen to their original post with continuity of service an 25 per cent back wages for intervening period.

(2.) According to petitioner, from list of events, facts are as under:

(3.) Learned Advocate Mr. Dave appearing for petitioner municipality has submitted that before going on strike, no notice has been issued by union to petitioner municipality, therefore, sudden strike without notice is considered to be illegal. He further submitted that petitioner municipality had requested so many time to concerned respondents to join service as per annexure D page 36 to 62 but concerned employees had not reported for work and, therefore, ultimately, in general body of petitioner municipality, resolution was passed to terminate service of concerned respondent employees and, therefore, industrial dispute was raised by concerned employees which was referred to labour court for adjudication on 11.2.2004. According to facts of respondent workmen, respondent workmen were working with Gram Panchayat, Damnagar as Safai Kamdar along with other Safai Kamdars. Gram Panchayat had not paid workmen their wages for the period from July, 2003 to October, 2003, therefore, workmen demanded wages for above period and warning was given to Gram Panchayat by notice on 17th October, 2003 that if gram panchayat did not pay wages of workmen, then, workmen will be having no other option but to proceed on strike. Gram Panchayat has replied to respondents workmen by letter dated 30.10.2003 that as workmen stopped work, gram panchayat did not require their service any more, therefore, present dispute has been raised against termination. Statement of claim was filed by workmen before labour court and workmen served notice to panchayat on 17.10.2003. Assistant Commissioner of Labour summoned both parties and thereafter, workmen reported for their duties as per instructions of Assistant Commissioner of Labour and started work from 16.12.2003 but gram panchayat declared that service of workmen are terminated and all of them are retrenched. Written statement was filed by Gram Panchayat Damnagar denying all the facts of statement of claim contending that Gram Panchayat is an establishment working under the Gujarat Panchayats Act and Industrial Disputes Act, 1947 is not applicable to first party No.1. Gram Panchayat has given notice on 3rd November, 2003 and also issued letter dated 7th November, 2003 calling written explanation from respondents workmen, however, workmen continued to remain in their illegal activities, therefore, Gram Sabha decided unanimously to dismiss workmen. These workmen were not recruited after following recruitment rules and procedure and economic position of Gram Panchayat is not sound and job of workmen was not satisfactory and therefore request was made by petitioner panchayat to dismiss reference.