STATE OF GUJARAT Vs. RATHOD BALVANTSINH RAJUSINH

JUDGEMENT

(1.) THE State of Gujarat through Deputy Executive Engineer, Bhadar Canal Distribution Sub Division, Lunavada is before this Court challenging award and order dated 9th July 2010, passed in Reference (LCG) No. 995 of 1998. THE learned Judge of the Labour Court was pleased to order reinstatement on the original post with 'Daily Wager' status with 20% back wages and consequential benefits.

(2.) HEARD, learned Assistant Government Pleader Mr. Neeraj Soni. The learned Assistant Government Pleader invited attention of the Court to the observations made by the learned Judge of the Labour Court in Para (d) at Page 27.

(3.) THE learned Assistant Government Pleader invited attention of the Court to a few facts and submitted that the respondent ? workman had put in only two and a half years' service i.e. from 8th November 1990 to 30th March 1993 and thereafter, even, as per the case of the respondent ? workman, he was not in service. THE learned Assistant Government Pleader also invited attention of the Court to Para 6, wherein, the petitioner has produced vide exh. 14, a List of documents 14/1 to 14/30 - true copies of 'Nominal Muster Roll' for the period in question i.e. 8th November 1990 to 30th March 1993. THE learned Assistant Government Pleader submitted that the learned Judge, after taking into consideration the ratio laid down by the Honourable the Apex Court in the matter of Ramesh Kumar Vs. State of Haryana, reported in 2010 (1) CLR 549, has committed an error in awarding reinstatement and 20% back wages with consequential benefits.