STATE OF GUJARAT Vs. DEVABHAI TAPUBHAI

JUDGEMENT

(1.) the matter was called out in the third round Ms. Shah was not present. Hence, the matter is taken up for hearing in her absence. The petitioner-State of Gujarat has challenged the judgment and order dated 20th May, 1993 passed by the Presiding Officer, Surendranagar in Recovery Application No. 135 of 1992, whereby the Labour Court has granted benefit of Government Resolution dated 17th October, 1988.

(2.) The short facts as they emerge from the record of this petition are that the respondent-workman was engaged as casual worker by the petitioner- State for project work known as Implementation of Social Forestry Scheme. It is the say of the petitioner-State that the said scheme was for a fixed period, and it was extended and sanctioned by the World Rank from time to time. It is further the say of the petitioner-State that since the financial assistance for the maintenance of the said project was not given, the service of the respondent was discontinued.

(3.) Mr. N. D. Gohil learned A.G.P. appearing for the petitioner-State submitted that the Labour Court has committed serious error while deciding the issue of applicability of the Government Resolution dated 17th October, 1988 inasmuch as there was no separate proceedings under Sec. 10 of the Industrial Disputes Act and also there was no adjudication on the point of applicability of any pre-existing right in favour of the respondent-workman. He further submitted that the Labour Court has not considered the fact that the respondent- workman was engaged for the project work which was for a limited period and also no post of labourer was sanctioned on the permanent basis for carrying out the work.