DIRECTOR OF ANIMAL HUSBANDRY Vs. PRAVINSINH LAKHUBHA ZALA

JUDGEMENT

(1.) BY way of this petition under Article 227 of the Constitution of India, petitioner -State of Gujarat and others have prayed for an appropriate writ, direction and order quashing and setting aside the impugned judgment and award dated 22.1.2010 passed by Labour Court, Rajkot in Reference LCD No.11 of 1995 by which, the Labour Court, Rajkot has partly allowed the said reference directing the petitioners to put the respondent in the pay -scale of Tractor Driver from 1992 as per Government Circular / Resolution dated 17.10.1988.

(2.) RESPONDENT herein was appointed as Agricultural Labourer and according to the respondent, he worked between 1982 to 1991 and according to him, he had also performed the duty as Tractor Driver. He raised an industrial dispute claiming pay -scale of the Tractor Driver i.e.Rs.1150 Rs.1500 or claiming pay -scale of clerical Class -III i.e. Rs.950 -Rs.1500 on completion of 7 years and the said dispute was referred to Labour Court, Rajkot which was numbered as LCD No.11 of 1995.

(3.) THAT the said reference was resisted / opposed by the petitioners by submitting that the Government Resolution dated 17.10.1988 would not be applicable. It was submitted that respondent was appointed as Agricultural Labourer only and whatever the benefit available under the Government Resolution dated 17.10.1988, it was given to respondent and was put in the pay -scale of Rs.750 -Rs.940. It was submitted that occasionally, respondent might have worked as Tractor Driver and/or the petitioners might have taken the work of Tractor Driver from the respondent occasionally, he will not be entitled to the pay -scale of Tractor Drive, i.e. the post on which, he was never appointed. Despite the above, the Labour Court, Rajkot by impugned judgment and award partly allowed the said reference by directing the petitioners to put the respondent in the pay -scale of Tractor Driver as per the Government Resolution dated 17.10.1988 from the date, he was offered the work of Tractor Driver in the year 1992 on the ground that he was performed the duty as Tractor Driver since 1992. Being aggrieved and dissatisfied with the impugned judgment and award, petitioners have preferred the present special civil application under Article 227 of the Constitution of India.