DEPUTY EXECUTIVE ENGINEER Vs. JIVRAJBHAI JASABHAI

JUDGEMENT

(1.) This petition is directed against judgement and award dated 23rd June 1999 passed by the Labour Court, Junagadh in Reference (LCJ) No.1067 of 1990 to 1070 of 1990 whereby the Labour Court ordered the petitioner to reinstate the workmen in service with 70% back wages.

(2.) The respondents were employed as daily wage labourers for the public works carried on under the supervision of the petitioner. The workmen were continued so long as there was work and they were served with notice on 29th September 1987 wherein it was stated that as there was not enough work with the Department they were to be relieved from 31st October 1987 and were relieved in accordance with the seniority of such daily wagers and were also instructed to collect retrenchment compensation, notice pay, etc. on 7th November 1987 from the office of the petitioner. According to the petitioner the respondent workmen did not accept the notice and refused to receive compensation. They thereafter raised a dispute which was referred to Labour Court and numbered as Reference (LCR) Nos.605 to 608 of 1988. On formation of Labour Court at Junagadh the said cases were transferred to Junagadh Court where they were registered as Reference (LCJ) Nos.1067 to 1070 of 1990. After adjudicating the matter the Labour Court allowed the References and ordered the petitioner to reinstate the workmen in service with 70% back wages. It is against said award that the present petition has been passed.

(3.) Learned Advocate for the petitioner submitted that the respondents were daily wagers and therefore they were not entitled invoke the provisions of Industrial Disputes Act and that disengagement of daily wagers cannot be termed as retrenchment and therefore there was no question of compliance of section 25F of the Act.