VADIA GRAM PANCHAYAT Vs. PRATAPBHAI DADBHAI KOTILA

JUDGEMENT

(1.) HEARD learned advocate Mr. Kamal Sojitra on behalf of Vadia Gram Panchayat in all five matters. The industrial disputes raised by workmen against their termination wherein Labour Court has granted reinstatement to one workman Gabhrubhai Matrabhai Khuman with 20% back wages. In case of Batukbhai Popatbhai Dholaria, reinstatement granted without back wages of interim period. In case of Ujiben Rajabhai Makwana, reinstatement granted with full back wages of interim period. In case of Pratapbhai Dabbhai Kotila, reinstatement gratned with 20% back wages of interim period and in case of Lakhubhai Nagbhai Kahor where 50% back wages with effect from 1st February, 2002 till date of retirement of workman has been granted.

(2.) IN all awards which are passed by Labour Court, Amreli and challenged by petitioner before this Court, learned advocate Mr. Sojitra raised contention before this Court that Labour Court has committed gross error in awarding reinstatement as well as back wages in favour of concerned respondent - workman. The relevant record has not been properly appreciated by Labour Court, Amreli produced by petitioner.

(3.) LEARNED advocate Mr. Sojitra also raised contention that respondents workmen were not regular or permanent employee, therefore procedure is not required to be followed by petitioner. Respondent was called for work on temporary basis as per work required by the Panchayat. Therefore, question of giving permanent job does not arise. Respondent workman was appointed illegally dehorse the Service Rules and without prior approval of the Director of Municipality. He relied upon one decision of Apex Court reported in , AIR 1984 SC 161. He submitted that workman has not completed 240 days continuous service as per details given by petitioner. In short, his submission is that Labour Court has not properly considered matter and awarded reinstatement as well as in some cases back wages have been granted in favour of respondents - workmen.