PANCHMAHAL DISTRICT PANCHAYAT Vs. SALAMBHAI BAVABHAI PARMAR

JUDGEMENT

(1.) In this group of Writ Petitions, common questions about the interpretation of the provisions of Sec. 33C(2) and resultant rights of the employees are involved. Therefore, upon request, they are heard simultaneously, and now, they are being disposed of by this common judgment.

(2.) The petitioners, Panchayats, are bodies duly constituted under the provisions of the Gujarat Panchayats Act, 1993 and constituted in Panchmahal District of Gujarat State, whereas, respondent No. 1 in each petition is the workman or the casual labourer and respondent No. 2 is the Mamlatdar of Panchmahal District, being Revenue Recovery Authority. The respondents, in these petitions, filed Recovery Applications under Sec. 33C(2) of the Industrial Disputes Act, 1947 ("I. D. Act", for short) against the petitioner-authorities before the Labour Court, Godhra, Panchmahal District, being Recovery Application Nos. 3 to 10 of 1995, raising the following pleas :

(3.) In absence of any written objections and specific opposition before the Labour Court, probably, the attention of the Labour Court was not drawn to the real interpretation of the provisions of Sec. 33C(2), which has been, time and again, done by this Court as well as, the Hon'ble Apex Court. The Labour Court directed the petitioner-authority to pay each petitioner the salary and other monetary benefits, including that of Leave and Medical Allowance, due and payable to the casual workers in terms of the provisions of the Government Resolution dated 17-10-1988. Being aggrieved by the common order, the petitioner-Panchayat authorities, have come up before this Court by filing this group of petitions.