CHIEF OFFICER Vs. YUNUS KASAMBHAI KALAVAT

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the Constitution of India in which the petitioner has challenged the order dtd. 15/5/2018 passed by the Labour Court, Junagadh in Recovery Application (C-2) No.17 of 2015.

(2.) Heard learned advocate Mr.Krishnan M Ghavariya for Mr.Murli Devnani for the petitioner and learned advocate Mr.U.T.Mishra for the respondent.

(3.) Learned advocate for the petitioner submitted that the respondent workman has been working as Clerk with the petitioner nagarpalika from 5/8/1998 and he was discharging his duty as a regular employee. It is the case of the respondent that he was paid according to the minimum wages. However, it is the case of the petitioner that the respondent was employed purely on adhoc basis. It is further submitted that the services of the respondent were terminated on 30/6/1999. The respondent, therefore, raised industrial dispute and the dispute was referred to the Labour Court, Junagadh which was registered as Reference Case (LCJ) No.18 of 2000. It is further submitted that the concerned Labour Court partly allowed the said reference vide award dtd. 11/3/2003, whereby the petitioner herein was directed to reinstate the respondent in service without continuity in service and without back wages. Learned advocate submits that the petitioner challenged the said award passed by the Labour Court by filing petition being Special Civil Application No.13247 of 2004. At this stage, it is pointed out that this Court, vide order dtd. 11/10/2004, admitted the petition and granted ad- interim relief in favour of the petitioner whereby the award passed by the concerned Labour Court was stayed. It is further submitted that thereafter this Court dismissed the said petition vide order dtd. 29/11/2012. Learned advocate, therefore, urged that when this Court has granted stay of the award during the period between October, 2004 to November, 2012, the respondent-workman is not entitled to claim any wages for the said period.