DEPUTY EXECUTIVE ENGINEER DPAP Vs. KIRITKUMAR NANJI SHARAMBAADIYA

JUDGEMENT

(1.) These petitions are directed against the judgement and award dated 4th July 2000 passed by Labour Court, Jamnagar, in Reference (LCJ) No.332 of 1993 whereby the respondents-workmen were directed to give benefit of continuity of service to the respondent workmen and also the order dated 24th April 2001 passed in review application. Special Civil Application No.728 of 2001 is at the instance of the employer challenging the said award and Special Civil Application No.9326 of 2001 is filed at the instance of one of the workmen.

(2.) According to the case of respondent-workmen, they were serving with the petitioner-employer and their services came to be terminated without notice or notice pay or retrenchment compensation. They therefore raised a dispute which was referred to Labour Court, Jamnagar. In the meantime respondents workmen gave purshis requesting for reinstatement without back wages. They were therefore continued in service. Since the respondent workmen were reinstated in service the Labour Court directed the petitioner to treat the service of the respondents workmen as continuous for the purpose of service benefits. Thereafter the scarcity work was over and therefore the respondents workmen were relieved and were not in service after July 2000. The petitioner-employer has filed an application for modification of the award on the ground that the continuity of service was granted erroneously. The said application came to be rejected. Therefore the present petition has been filed by the petitioner-employer.

(3.) Having heard the learned Advocates for the respective parties, it transpires that there was no order of reisntatement. The respondent workmen were already relieved from service and therefore there is no question of grant of continuity of service. Therefore no further orders are required to be passed in this petition.