GEB Vs. R K PATEL

JUDGEMENT

(1.) The present petition is filed by Gujarat Electricity Board against the judgement and award dated 21.2.1994, in Reference (IT) No.479 of 1988 passed by the learned Industrial Tribunal. The respondent workman contended that he was working as English Typist with the petitioner Board since 1996. Though he was working as English Typist, he was asked to do Gujarati typing also. He has been orally representing his case before the authorities, but he did not get justice. Therefore, he had to approach the Court for justice. His case is that he was appointed on regular basis on a vacant post of English Typist on 15.2.1996. It is also the case of the respondent that since 1972 at Nadiad office while discharging his duties as English Typist he was also performing the additional work of Gujarati typing. Therefore, he is entitled to 20% of the salary as allowance.

(2.) Having filed reply to the statement of claim of the workman by exhibit 7, the respondent Board did not remain present before the Industrial Tribunal. It is recorded in para 4 of the award that the workman had filed his affidavit at exhibit 31, and for his cross examination, nobody is remaining present from Gujarat Electricity Board. Therefore, no cross examination could be had of the workman. It is recorded in terms by the learned Member of the Tribunal that after filing reply at exhibit 7, nobody is remaining present and therefore, the reference was required to be proceeded further in absence of the Board.

(3.) Thereafter, the Gujarat Electricity Board filed a Restoration Application being Miscellaneous Application (IT) No. (unnumbered) in Reference (IT) No.479 of 1988. Said restoration application came to be rejected by an order dated 13.2.1995, a copy of which is produced on record by the learned advocate for the respondent Board.