STATE OF GUJARAT Vs. DHIRUBHAI RAVATBHAI DHRANGA

JUDGEMENT

(1.) All the petitions since involve identical questions of law and facts, they are being decided by this common judgment and order, where the facts are drawn from Special Civil Application No.9523 of 2015 for the purpose of adjudication. Brief facts:

(2.) The petitioner-State seeks to challenge the legality and validity of the judgment and award dated 15.12.2014 passed in Reference (LCR) No.126 of 2007 by the learned Presiding Officer, Labour Court, Rajkot, whereby the Court has granted the reinstatement to the workman without back wages along with the continuity of service within a period of 30 days.

(3.) Affidavit-In-Reply of respondent No.1 denying all the averments is to an effect that no interference is desirable. He has worked between 01.11.1995 to 31.10.1999 as a daily wager at the Dam site. The delay of 09 years which has been raised as one of the disputes has also been answered in various matters. It is also the say of the respondent that the petitioner had been directed to produce the muster roll, salary vouchers and all other relevant materials. However, it has failed to produce the same and therefore, at this stage, no new case can be made out. It is also the say of the respondent that the adverse inference needs to be drawn against the employer in whose custody all the documents are lying and yet, has failed to produce the same. The workman has already explained the delay of 09 years in approaching the Labour Court, which also has been regarded by the Labour Court and has awarded the continuity without back wages. The case of the respondent is covered by the decision of this Court in Special Civil Application No.20706 of 2018 and other matters.