TALUKA DEVELOPMENT OFFICER Vs. NANABHAI K VANKAR

JUDGEMENT

(1.) This petition is filed by Taluka Development Officer and District Development Officer under Article 226 of the Constitution of India challenging the judgement and award passed by the Labour Court, Godhra in Reference (LCG) No.319 of 1990 whereby the present respondent was ordered to be reinstated with full backwages and continuity of service.

(2.) It is the case of the petitioners that during the period from 1985-86 to 1987-88, Sahera Taluka Panchayat of Panchmahal District was badly hit scarcity area and scarcity relief works were being operated by the concerned District Panchayat as per directions of the State of Gujarat. It is further stated that number of temporary daily wage labourers were provided work and temporary work-charge Clerks were also appointed during these years only for scarcity relief works. It is also stated that the respondent was appointed twice on 25.3.1988 and 23.5.1988, without following the due procedure of recruitment. The respondent has worked from 25.3.1988 to 4.5.1988 and then from 23.5.1988 to 28.7.1988. It was further stated that since there was very good rainfall in July, 1988, it was decided to stop the said scarcity relief works and hence, as per the directions of the higher authorities, the scarcity relief works were stopped and the respondent was relieved w.e.f. 18.7.1988.

(3.) Being aggrieved by the said order dated 18.7.1988, the respondent has approached to the Labour Commissioner, Godhra under the provisions of the Industrial Disputes Act who ultimately referred the matter to the Labour Court, Godhra through his order dated 21.1.1989 and the same was registered as Reference bearing (LCG) No.319 of 1990. The petitioner Panchayat has filed two replies before the Labour Court, Godhra opposing the reference filed by the respondent. Despite these replies, the Labour Court has passed an award on 30.5.1992 which is under challenge in the present petition.