STATE OF GUJARAT Vs. SAURASHTRA MAJUR MAHAJAN SANGH

JUDGEMENT

(1.) Heard Ms.Surbhi Bhati learned AGP for the State and Mr.Krishnan Ghevariya learned advocate for the respondent no.1.

(2.) Challenge in this petition under Article 226 of the Constitution of India, is to the award dtd. 14/2/2020. By the award under challenge, the petitioner-State of Gujarat has been directed to pay to the respondent- sweeper, salary for undertaking work for four hours a day together with arrears from the date of reinstatement. A further direction has been issued that as and when a regular process of recruitment is undertaken, looking to her tenure of service since the year 1985, preference be given to her.

(3.) Facts in brief would indicate that the respondent-Union raised an industrial dispute on behalf of Rahimaben Adambhai Katia - part-timer. Reading the terms of reference would indicate that the reference was for extending the benefits that were available to full time employees. That, she had completed over 30 years of service and even thereafter she was still being paid fixed wages though working in the establishment from 10 am to 6.30 pm. The fact of the Rahimaben working for full time was denied by the petitioner before the Industrial Tribunal.