STATE OF GUJARAT Vs. JAYANTIKUMAR FULABHAI RAVAL

JUDGEMENT

(1.) The present writ petition has been filed seeking quashing and setting aside of the award dated 14.02.2018 passed in Reference T. No.69 of 2015 by the Labour Court, Anand.

(2.) Learned AGP Mr.Rohan Shah has submitted that the impugned award is required to be set aside as the industrial dispute has been raised after a period of 9 years since the workman was relieved in 2006, wherein the dispute was raised in the year 2015. It is submitted that the department had stopped recruitment of part-time workers in view of the Government Resolution dated 10.02.2006, which was followed by the Director of Medical Service, Medical Education, Gandhinagar vide communication dated 09.06.2006 and hence, the service of the workman was terminated. It is submitted that the workman was serving as a part time worker on fixed remuneration and hence, the provisions of Sections 25(F) and 25(H) of the Industrial Disputes Act, 1947 (for short "the ID Act ") are not attracted and there is no question of breach of any provisions. Thus, it is submitted that the Labour Court has erroneously come to the conclusion by holding that there is a breach of Sections 25(F) and 25(H) of the ID Act.

(3.) In response, learned advocate Mr.U.T.Mishra appearing for the workman has submitted that this Court vide judgment and order dated 21.12.2018 passed in Special Civil Application No.7462 of 2012 and allied matters had in fact quashed and set aside the policy of the State Government introduced vide resolution dated 10.02.2006 withdrawing the powers of all the departments to appoint and pay wages to the part timers from the contingency fund. He has submitted that the respondentworkman was terminated in view of the said policy and the said policy was adopted by the Director of Medical Service, Medical Education, Gandhinagar vide communication dated 09.06.2006 and hence, the service of the respondent-workman was terminated. It is submitted that the termination of part-time employees in view of the Government Resolution 10.02.2006 issued by the Finance Department was quashed and set aside, by the Coordinate Bench. It is submitted that the aforesaid judgment is thereafter confirmed by the Division Bench also and hence, the present award may not be interfered with. The view expressed by the Coordinate Bench is followed in catena of decisions of this Court.