KADUBHAI PUNJABHAI MALIWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned advocate for the respondent- State waives service of notice of rule on behalf of the respondent.

(2.) In the present writ petitions, the petitioners have challenged the award dtd. 29/11/2018 passed by the Labour Court, Godhra in Reference (T) No.39 of 2003, whereby and wherein the Labour Court has directed the workman to be reinstated in service with continuity of service without back wages. The workman has challenged the award to the extent of not granting the back wages, whereas the State authority has challenged the same by contending that since the workman had not completed 240 days, the Labour Court has fallen in error in directing the respondent- State to reinstate the workman.

(3.) At the outset, learned advocate Mr.P.C.Chaudhri has submitted that even after passing of the award of reinstatement, though the workman is reinstated, but they are engaged on Piece Rate wages and the said communication dtd. 31/1/2019 is also challenged in the writ petition.