GUJARAT POLLUTION CONTROL BOARD Vs. ANILBHAI PRABHUBHAI PATEL

JUDGEMENT

(1.) By way of these petitions, the petitioner - Gujarat Pollution Control Board has challenged the awards of the Labour Court, Valsad whereby the board has been directed to reinstate the respondent workmen with 15% backwages.

(2.) Special Civil Application No. 11884 of 2020 was argued as the lead matter. Facts in brief indicate that it was the case of the workman before the Labour Court, in his Statement Of Claim that he was working as a Peon since 12/2/1997 on a monthly salary of Rs.4160.00. That without any justifiable reason his services were put to an end with effect from 23/1/2009. That the Board had admitted that in proceedings in the High Court that Board was willing to re-engage the workman on an outsourcing basis with the Contractor M/S Presscor Infosys. That itself indicated that the Board had admitted that the services were terminated. It was his case that he was a permanent employee of the Board and therefore termination was in violation of Sec. 25F of the Industrial Disputes Act,1947.

(3.) Mr.D.G.Chauhan learned Advocate appearing for the board would take the Court through the appointment orders placed on record and submit that the appointment orders indicated that the appointments were time bound for a fixed period. The conditions of the appointment order specifically stated that the appointments were purely temporary and the appointee had no right to be permanent. That the appointment on the end of the tenure of the period would automatically come to an end.