ANWAR HUSSAIN SATAR Vs. GUJARAT MARITIME BOARD

JUDGEMENT

(1.) WE have heard Ms. Vasavdatta Bhatt, learned counsel for the appellants and Mr K.B. Naik, learned counsel for the respondent No.1. This Letters Patent Appeal has been filed by the appellants challenging the judgment of the learned Single Judge dated 8.12.2010 passed in Special Civil Application No.8063 of 2004 filed by the respondent employer by which the award of the Labour Court granting reinstatement with continuity of service without back wages was challenged by the respondents and the learned Single Judge has allowed the writ petition. The other writ petition being Special Civil Application No.13393 of 2010 was filed by the appellant workmen after seven years from the date of passing of the award dated 29.11.2003 and he claimed back wages which was not granted by the Industrial Tribunal, Rajkot. The learned counsel for the appellants has urged that the appellant workmen had worked for a period of 240 days in a calendar year in the last preceding year, therefore, they were entitled to reinstatement in service with continuity of service as well as back wages which has been controverted by the learned counsel appearing for the respondent. The learned Single Judge has recorded a finding of fact that in the last preceding year which commences from 30.9.1987 to 30.9.1988 the appellants had worked only for a period of 40-45 days as Safai Kamdar, after considering various decisions of the Apex Court. The findings recorded by the learned Single Judge is extracted below:-

(2.) FOR the aforesaid reasons, we agree with the view taken by the learned Single Judge. The appeal is devoid of merit and is accordingly dismissed. In view of the order passed in the Appeal, Civil Application No.1278 of 2011 does not survive and is accordingly disposed of.