GUJARAT ELECTRICITY BOARD Vs. MEGHJI NARAN BUJAL

JUDGEMENT

(1.) The present petition is filed by the petitioner- Gujarat Electricity Board challenging the legality and validity of the order dtd. 13/5/2005 passed by the Labour Court, Jamnagar in Reference (LCJ) No. 329 of 1993, wherein the Labour Court has partly allowed the reference of the respondent-workman and has directed the petitioner to reinstate the respondent- workman in service on his original post with continuity of service along with 25% back wages w.e.f. 27/4/1994 till the respondent- workman is reinstated in service.

(2.) The facts leading to the filing of the present petition is that the respondent- workman was appointed on temporary and ad-hoc basis on the nominal muster roll, looking to the exigencies of the work in the O & M Division from 1979 - 1991. Between 1984-87, the respondent-workman was appointed under training as an Apprentice Line Man, though the respondent- workman had not completed 240 days in any calendar year and the workman was only given temporary appointment orders as and when the work was available for electrification in the Rural Sub Division, Jamnagar. On completion of the work, the respondent-workman's service stood automatically terminated.

(3.) The respondent-workman raised industrial dispute and a reference was referred to the Labour Court, Jamnagar being Reference case (LCJ) No. 329 of 1993 and after leading the evidence of both the parties and considering the documents, the Labour Court passed the award on 13/5/2005 directing the petitioner to reinstate the respondent-workman with continuity of service with 25% back wages to be calculated from 27/4/1994.