TALUKA DEVELOPMENT OFFICER Vs. SHOMESHWER LALJIBHAI PRAJAPATI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India filed for quashing and setting aside an award of the Labour Court dtd. 1/12/2017 passed in Reference (T) No. 122 of 2013.

(2.) Learned advocate for the petitioners, at the outset, submitted that the order is an ex-parte award, and therefore, the petitioners were precluded from placing on record the necessary evidence to substantiate their claim and to disprove the case of the respondent-workman.

(3.) Learned advocate for the petitioners submitted that the respondent-workman was engaged as an Election Clerk on 26/8/2000 and upon completion of the election work, he was discontinued, however, as he was having heavy vehicle driving license, he was engaged as a driver, however, before engaging him, an undertaking was taken from him with a clear understanding that it will be on contractual basis and for temporary period and would be liable to terminate at any time without any reason.