GUJARAT POLLUTION CONTROL BOARD Vs. SMITA R SHAH

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction quashing and setting aside the impugned judgement and award passed by the Labour Court, Vadodara dated 28/10/1996 in Reference (L.C.B.) No. 260/1991 by which the Labour Court, Vadodara has allowed the said Reference by directing the petitioner to reinstate the respondent to her original post by further directing the petitioner to pay the back wages for 18 days per month from the date of terminating the services of the respondent.

(2.) The facts leading to the present Special Civil Application in a nutshell are as under; 2.1. Under the 'Minar' project sponsored by the Central Government, Gujarat Pollution Control Board was entrusted with the monitoring of water resources in the area of Bhavnagar and under the said project respondent was appointed initially for a fixed term of three months from 20/04/1990 to 19/07/1990 and thereafter her services were continued and last such appointment made was for the period from 27/05/1991 to 24/10/1991. On completion of the aforesaid project, the respondent and other employees, who were appointed on temporary basis, their services came to an end, and they were relieved. Therefore, the respondent raised an industrial dispute before the Labour Court and the Assistant Labour Commissioner vide order dated 14/10/1991 transferred the proceedings to the Presiding Officer, Labour Court, Vadodara, which was numbered as Reference (L.C.B.) No. 260/1991 and vide impugned judgement and award dated 28/10/1996 allowed the said reference directing the petitioner to reinstate the respondent by observing that though the respondent was appointed under the 'Minar' project, however, salary was being paid by the petitioner board and even the appointment was also made by the petitioner board. The Labour Court also observed that the 'Minar' project is a permanent project of the petitioner board, which is not closed and the Labour Court also observed that the respondent has worked for more than 240 days. Being aggrieved and dissatisfied with the impugned judgement and award passed by the Labour Court, Vadodara, the petitioner Board has preferred the present Special Civil Application under Article 227 of the Constitution of India.

(3.) Shri Chauhan, learned advocate appearing on behalf of the petitioner has vehemently submitted that the impugned judgement and award passed by the Labour Court is absolutely on misinterpretation and misreading of the evidence of the witness examined on behalf of the petitioner Board. It is submitted that admittedly the respondent was appointed on temporary basis only for 'Minar' project sponsored by the Central Pollution Control Board and as soon as the project was completed, the petitioner stopped getting the grant. The services of not only the respondent but the other employees appointed on temporary basis on the aforesaid project came to be terminated and their services were put to an end, and, therefore, it is submitted that the Labour Court has materially erred in allowing the Reference by directing the petitioner to reinstate the respondent with back wages of 18 days per month from the date of alleged termination, and, therefore, it is requested to allow the present petition.