STATE OF GUJARAT Vs. MANIBEN VIRAJI

JUDGEMENT

(1.) In this group of Letters Patents Appeals, by invocation of Clause-15 of the Letters Patent, the State of Gujarat, as well as, the workmen - labourers have assailed adverse directions against them in the judgement rendered in group of Writ Petitions, being Special Civil Application Nos.3875 of 2003 to 4399 of 2003, decided by the Learned Single Judge, on 9th April, 2003. The group of Writ Petitions had been filed by the State of Gujarat. The Labour Court, Surat, had passed two common awards dated 13th June, 2002; one, in Reference (L.C.S.) Nos.47 of 1999 to 51 of 1999, 15 of 1999 to 84 of 1999, 146 of 1999 to 151 of 1999, 186 of 1999 to 361 of 1999, and the second common award was, also, passed on the same date i.e. 13th June, 2002, covering Reference Nos.205 of 1995 to 622 of 1995.

(2.) Let it be, also, mentioned that the Labour Court in both the awards has granted similar benefits, as well as, given similar directions against the State of Gujarat and in favour of the workmen. One of the directions, issued by the Labour Court in the common awards, has been that the workmen will submit detailed Residential Address, Ration Card, Election Card or any other Government document along with the Certificate of Birth-Date to the Executive Engineer (4), Division-I, at Ukai, Taluka:Songarh, District:Surat, for further actions and, also, further directed the State Government to prepare the Seniority List of the workmen covered by those two common awards accordingly. It is, also, clear from the impugned awards of the Labour Court that the Seniority List of the workmen, to be prepared on the detailed information to be furnished by the workmen, has to be considered for the cases of the workmen, and to further consider for the posts, which have been sanctioned but are unfilled and, wherein, the Government has approved, for filling-up, such vacant sanctioned posts. The workmen, admittedly, are not given the benefit of back-wages for the intervening period in the awards, as well as, they are not granted continuity of service, for obvious reasons, which means no regularisation or continuity, but upon fulfilment of criteria and direction, fresh appointments.

(3.) The workmen were working at the relevant time as daily-wagers in the Irrigation Department of the State of Gujarat. They were engaged, as such, for a Dam Project as daily-wagers. It has been the case of the workmen that they have worked for the period, commencing from two years to eighteen years on the basis of "daily-wages". There were more than 500 daily-wagers, as per the list produced in the Labour Court, in Reference under Section 10 of the Industrial Disputes Act, 1947 ("I.D.Act").