DEPUTY EXECUTIVE ENGINEER Vs. NANDLAL KHODABHAI

JUDGEMENT

(1.) Both these petitions are disposed of by this common order because the point involved in both these petitions is common.

(2.) It is the case of the Gujarat Water Supply and Sewerage Board that in view of the fact that regular employees of the Board were on strike during the intervening period, as a stop gap arrangement, the Board gave appointment orders to certain workmen and, ultimately, when the said strike was called off by the regular employees and since they were ultimately taken back in service, the services of the employees who were taken on stop gap arrangement were required to be terminated. Accordingly, the petitioner-Board terminated the services of the concerned workmen with effect from 22.8.1985, as, according to the Board, they were taken purely on temporary basis in the stop gap vacancy and because of the circumstances narrated above, they were given such temporary appointment.

(3.) The termination order was challenged by the workmen by raising Industrial Dispute. The dispute was referred to the Labour Court, Rajkot and in so far as Special Civil Application No.8296 of 1992 is concerned, the same was numbered as Reference (LCR) No.438 of 1989. So far as Special Civil Applicaiton No.8301 of 1992 is concerned, the same was numbered as Reference (LCS) No.448 of 1989. The Labour Court allowed the aforesaid References and passed an order of reinstatement with 25% back wages as well as 40% back wages, respectively. The aforesaid Award of the Labour Court is impugned at the instance of the Gujarat Water Supply and Sewerage Board in the present petitions.