DEPUTY EXECUTIVE ENGINEER Vs. BHANULAL KHIMJIBHAI SOLANKI

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, petitioner Gujarat Water Supply Sewerage Board has prayed for an appropriate writ, direction or order quashing and setting aside the impugned judgment and award dated 31.03.2003 passed by the Presiding Officer, Labour Court No.1, Junagadh in Reference (LCJ) No.1502/1990 [old Reference (LCR) No.689/1989], by which the Labour Court has partly allowed the said reference directing the petitioner to reinstate the respondent with 20% back wages and with continuity of service.

(2.) Today, when the petition is taken up for final hearing, Shri Arvind Thakur, learned advocate appearing on behalf of the respondent has stated at the Bar, under the instructions from the respondent, that the case of the respondent be considered for appointment as daily wager and as & when the work is available and he has no objection if the impugned judgment and award passed by the Labour Court is quashed and set aside i.e. with respect to back wages and continuity of service. Shri Gade, learned advocate appearing on behalf of the petitioner has submitted that he has no objection if the same is considered and appropriate order is passed. Learned advocates appearing for respective do not invite any further reasoned order.

(3.) In view of the above broad consensus, learned advocate appearing for respective parties, under the instructions from their respective clients and the statement made by Shri Thakur, learned advocate appearing on behalf of the respondent herein above, the impugned judgment and award dated 31.03.2003 passed by the Presiding Officer, Labour Court No.1, Junagadh in Reference (LCJ) No.1502/1990 [old Reference (LCR) No.689/1989], is hereby modified to the extent that petitioner shall consider the case of the respondent for appointment as daily wager, as and when the work is available and provide him the work as daily wager, as and when the work is available. Rest of the judgment and award passed by the Labour Court impugned in the present petition, is hereby quashed and set aside. Rule is made absolute to the aforesaid extent. No costs.