LAWS(GJH)-2022-9-511

MENDERDA GRAM PANCHAYAT Vs. LAKHUBHAI HAMIRBHAI DHANDHAL

Decided On September 28, 2022
Menderda Gram Panchayat Appellant
V/S
Lakhubhai Hamirbhai Dhandhal Respondents

JUDGEMENT

(1.) By way of the present appeal under Clause 15 of the Letters Patent, the appellant - original petitioner - employer has challenged oral order dtd. 19/9/2019 passed in the captioned writ petition by learned Single Judge by which judgment and award dtd. 11/4/2019 passed by the Labour Court, Junagadh in Reference (D) No.9 of 2011 is confirmed by which Labour Court has directed the appellant herein to reinstate the respondent herein treating his service as continuous and permanent and to fix his salary in appropriate pay scale with all benefits of permanent employment excluding the regular increments and the benefits which are payable as per the recommendation of the Pay Commission.

(2.) The short facts arise from the record are as under :-

(3.) Mr. Dipal R. Ravaiya, learned advocate appearing for the appellant would submit that learned Single Judge as well as Labour Court have committed an error in not considering the fact that the prayer of the respondent was to regularize his services, whereas Labour Court has awarded permanent employment on the said post. He, therefore, would submit that the appeal may be admitted.