STATE OF GUJARAT Vs. PITHADIYA AMIT KIRITBHAI

JUDGEMENT

(1.) Heard Mr.Soaham Joshi learned AGP for the State and Mr.Krunal Pandya learned advocate for the workman.

(2.) Special Civil Application No.5086 of 2019 has been filed by the State challenging the award of the Labour Court dtd. 2/7/2018 passed by the Labour Court, Jamnagar, by which, the workman has been directed to be reinstated without back-wages. The workman aggrieved by the denial of back-wages has filed Special Civil Application No.13592 of 2021.

(3.) Mr.Soaham Joshi learned AGP would submit that looking to the evidence on record, it is an admitted fact that the workman did not work for 240 days in each year of service for the period from 1/6/2012 to 12/8/2014 as a driver. Inviting the Court's attention to the written statement as well as the relevant paragraphs of the award of the Labour Court, Mr.Joshi would submit that the workman had worked in the years 2012 to 2014 for 154, 278 and 78 days respectively. Hence, it cannot be said that in accordance with the provisions of Sec. 25B of the Act, the workman had worked 240 days in each year of service so as to warrant violation of Sec. 25F of the Industrial Disputes Act. Moreover, Mr.Joshi would submit that it was an apparent fact that the workman was not possessing the driver's license.