STATE OF GUJARAT Vs. MANISH HARISHBHAI CHITARA

JUDGEMENT

(1.) The present petition is filed under Article 226 of the Constitution of India, essentially for challenging the legality and validity of the award passed by the learned Presiding Officer, Labour Court, Jamnagar dtd. 13/10/2015 in Reference (LCJ) T. No.59 of 2008.

(2.) The premise on which the present petition is arising is that the respondent workman has raised an industrial dispute and submitted the claim statement (Annexure-B) inter alia contending that since about 05 years he was working as a Ward Servant (Class-IV employee) and has continuously worked for a period of more than 240 days. He has discharged his sincere services to the authority on daily rated basis at Rs.50.00. It has been contended in the claim statement that when the demand was made to pay the wages as per the Minimum Wages Act , abruptly without complying with any of the provisions contained under the Industrial Disputes Act , his services came to be discontinued with effect from 20/10/2005. It has been contended that prior to discontinuance neither any mandatory requirement of the statue is observed nor any opportunity was given and even subsequent to his discontinuance, his juniors have been retained and even new employees have been taken after discontinuing, which has violated the provisions of the Industrial Disputes Act , 1947.

(3.) This Court issued notice on 15/9/2016 pursuant to which, learned advocate Mr.Yogen Pandya has represented the respondent workman.