STATE OF GUJARAT Vs. FATABHAI LAKHABHAI BAMANIYA

JUDGEMENT

(1.) This appeal is filed under clause 15 of the Letters Patent Act by the appellants - original petitioners against the oral order dtd. 07/07/2021 rendered by the learned Single Judge in Special Civil Application No.4546 of 2021, whereby, the learned Single Judge has dismissed the petition filed by the appellants - petitioners.

(2.) Heard learned AGP Mr.Jayneel Parikh for the appellants - petitioners.

(3.) Learned AGP has pointed out from the record that the respondent workman has worked at different places under the petitioners as daily wager Labour-cum-Chokidar. It was the case of the workman that at the relevant point of time, no appointment order was issued to him, however, he was working for more than 8 hours all throughout and he was getting Rs.288.00 per day and he has worked for nearly 18 years. It is stated that the service of the workman was terminated on 03/12/2015 to accommodate some other person. It is alleged that while terminating the service, the appellants - petitioners had not followed the mandatory provisions contained in the Industrial Disputes Act , 1947 (for short "the I.D. Act "). Thereafter, the respondent workman raised dispute which was referred to the Labour Court. Before the Labour Court, statement of claim was filed by the workman and the appellants - petitioners filed their written statement. The parties produced documentary as well as oral evidence before the Labour Court. It is submitted that the Labour Court passed the award on 06/07/2020, whereby, in lieu of reinstatement, Rs.3.00 Lac as lump-sum compensation was awarded to the respondent workman. The appellants - petitioners have therefore, filed the captioned petition before this Court.