GUJARAT STATE LABOUR FEDERATION Vs. DISTRICT AGRICULTURE OFFICER

JUDGEMENT

(1.) Heard Mr.Dipak Dave, learned advocate for the petitioner and Mr.H.S.Munshaw, learned advocate for the respondents.

(2.) Challenge in this petition is to the award dtd. 4/4/2019 passed by the Labour Court, dahod in Reference (LCD) No. 10 of 2002. By the impugned award, the Labour Court rejected the reference of the petitioner - Union. Assailing the award of the Labour Court rejecting the reference in not extending the benefits of the Government Resolution dtd. 17/10/1988 for the concerned employees, namely, Bharubhai Parsingbhai Patel and Laduben Manabhai who were serving as a Watchman and Water Server respectively, Mr.Dipak Dave, learned counsel for the petitioners, extensively refering to the award of the Labour Court would indicate that for both, Bharubhai Parsingbhai Patel and Laduben Manabhai, there was an evidence on record to suggest that both were working continuously and uninterruptedly for over 20 years and despite a finding in favour of the concerned employees, especially in the case of Bharubhai Parsingbhai Patel, the Labour Court has denied the benefits of the Resolution dtd. 17/10/1988.

(3.) Mr.H.S.Munshaw, learned counsel for the respondents, would support the findings of the award. He would submit that the Labour Court committed no error in rejecting the reference. Reading the terms of the reference, Mr.Munshaw, learned advocate, would submit that there was no demand for extension of the benefits of the Resolution dtd. 17/10/1988. The reference was for permanency and for regular pay-scale, which, considering the evidence on record, the Labour Court rightly rejected.