STATE OF GUJARAT Vs. ASHOKBHAI KANABHAI PARMAR

JUDGEMENT

(1.) By way of present appeal under Clause 15 of the Letters Patent a challenge is made to the order passed by the learned Single Judge dtd. 26/4/2022 by virtue of which the petition filed by the State is dismissed.

(2.) It is the case of the appellant - State that respondent was appointed purely on temporary basis as a Driver with effect from 1/4/2002 and subsequently, he came to be terminated on 1/3/2008 and as such an industrial dispute was raised, which came to be referred to the Labour Court in the year 2008, which was registered as Reference (LCG) No.104/2008 and the learned Presiding Officer of the Labour Court passed an ex parte award on 30/4/2011 whereby the appellant - petitioner was directed to reinstate the respondent - workman with 50% backwages.

(3.) Ms. Tejal Rajput, learned Assistant Government Pleader appearing on behalf of the appellant - State has submitted that the learned Single Judge has committed an error in not appreciating the evidence and record and the conclusion arrived at by the learned Presiding Officer. In fact, the tenure of the respondent - workman ought to have been appreciated by the learned Single Judge and simply because for some time, the respondent - workman has worked, the same would not be entitled him to the benefit of reinstatement though there is ample material on record that he was merely appointed as a Driver in the Office of Deputy Director of Land Records but there was no material cogent enough adduced by respondent to justify the lawful appointed and that having not been appreciated, the order passed by learned Single Judge deserves to be corrected. No further submissions have been made.