STATE OF GUJARAT Vs. GAGLUBHAI NAVKUBHAI GAEKWAD

JUDGEMENT

(1.) This Special Civil Application is filed challenging the judgment and order dated 28.08.2000 passed by the Labour Court, Navsari in Reference (LCN) No.30 of 1992 by which the Reference filed by the respondent was allowed directing the petitioner to reinstate the respondent at his original post i.e. on Rojamdar without backwages.

(2.) It is submitted by the petitioner that the respondent was working as Rojamdar on muster roll. The work was not in continuous in nature. The respondent left the job of his own accord. The petitioner had given the work as and when the work was available and the respondent was never appointed on regular basis. The petitioner submits that respondent has not put up 240 days of service in any year. After considering documentary evidence on record, the Labour Court, Navsari, directed the petitioner to reinstate the respondent at his original post. Being aggrieved by the said judgment and award, the petitioner has preferred present petition. It is submitted that Labour Court has not considered the submissions made by the petitioner.

(3.) It is submitted by learned AGP for the petitioner State that Labour Court has ignored the facts on record that the respondent was engaged as Rojamdar and respondent left the job of his own accord. It is submitted that preliminary contention of the petitioner is that the petitioner is not an industry and hence provisions of Industrial Disputes Act are not applicable. It is also further submitted that respondent has not put 240 days of service in any year. It is further submitted that respondent was never appointed on regular basis.