STATE OF GUJARAT Vs. KANITBHAI SABURBHAI PRAJAPATI

JUDGEMENT

(1.) The present Special Civil Applications are filed by the State of Gujarat against the impugned judgment and awards passed by the learned Labour Court, Nadiad in Reference Nos.48, 49, 50, 51, 52 and 54 of 2007 whereby the respondent workmen have been granted reinstatement along with continuity in service and with 25% back wages.

(2.) The brief facts common to all the cases are that all the respondent workmen were working as Class IV employees in the office of the petitioners since more than 12 years and they all were terminated on 27/3/2006. Aggrieved, all the respondent workmen preferred Reference (LCM) Case Nos.48, 49, 50, 51, 52 and 54 of 2007 in the Labour Court at Nadiad. No documentary evidence came to be adduced by either of the parties. Based on the oral evidence, the learned Labour Court disposed of all the References holding that there was violation of Sec. 25(f), (g) and (h) of the Industrial Disputes Act and directed the reinstatement of the respondent workmen on their original posts with continuity in service and 25% back wages for the interregnum period.

(3.) In the present cases, the learned Advocate for the respondent workmen Mr.U.T. Mishra submits that the Co- ordinate Bench of this Court in Special Civil Application 11291 of 2018 and other allied matters and also in Special Civil Application 12166 of 2018 has dismissed the writ petitions preferred by the petitioners herein. He submits that the respondents workmen in those cases as well as in the present cases, are similarly situated and were working for the petitioners. They all were terminated on the same day i.e. 27/3/2006. He submits that, therefore, several References came to be filed together in the Labour Court at Nadiad. He submits that though individual awards have been passed, but similar reliefs have have been granted to all the respondents workmen i.e. reinstatement on the original posts along with continuity in service. He further submits that in those cases decided by the Co-ordinate Benches, since the References were dismissed for default, and thereafter, restored after a long time, therefore, no back wages were awarded in those cases. He submits that, however, in the present cases, there were no dismissal for default of the Reference cases before the Labour Court, and therefore, in these present cases, the respondents workmen have been awarded 25% back wages.