KISHORBHAI ARMJIBHAI SAKARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since these two Letters Patent Appeals arise from common judgment and order of learned single Judge and involve similar facts and identical issues, they both were heard together to be simultaneously treated by this order.

(2.) Heard learned advocate Ms. Kajal Kalwani for learned advocate Mr. A. B. Gogia for the appellants and learned Assistant Government Pleader Mr. Sanjay Udhwani for the respondent State.

(3.) In the background, there stands passed the judgment and award of the Labour Court, Rajkot dtd. 3/11/2015 in Reference (LCR) No. 11 of 2010. The jurisdiction of the Labour Court was invoked by the appellants-workmen for the relief of reinstatement stating in their statement of claim inter alia that they were daily rated labourers working at Aji-3 Canal under the respondent department from 1/1/1995 and their services came to be terminated with effect from 31/3/1999. The Labour Court considered the rival case of the workmen and the first party employer, further appreciated the evidence and material before it and recorded findings inter alia that in terminating the services of the workmen, there was breach of provisions of Sec. 25F, 25G and 25H of the Industrial Disputes Act, 1947. The award was passed setting aside the termination of the workmen directing their reinstatement with continuity benefit and to pay 25% of the back wages.