VALIMAMAD JAMALBHAI PIPALVADIA Vs. DY. EXECUTIVE ENGINEER

JUDGEMENT

(1.) The appellant- original respondent no.1 -workman is before this Court being aggrieved by the judgment and order dated 27.09.2013 passed by the learned Single Judge in Special Civil Application No.12583 of 2013, whereby, the learned Single Judge was pleased to allow the petition and quash the impugned award of the Labour Court without any order of costs.

(2.) The facts of the case are that the appellant herein approached the Labour Court with a case that he was serving with the first party i.e. Deputy Executive Engineer, Irrigation Department, Sub- Division, Morbi, District-Rajkot as a labourer. It is the case of the appellant that he was working since 1968, till his services came to be terminated in the year 1989. It is the case of the appellant that he was paid Rs.1,500/- per month. It is also the case of the appellant that he was not paid any amount towards his rights. He was not served with a notice. He was not paid notice pay nor he was paid retrenchment compensation. The case of the appellant that the action of the opponent herein i.e. the first party is violative of Article 25-F, G and H. It is also the case of the appellant that after his services were terminated, he tried to get job elsewhere, but he could not get. His presence was marked in the muster-roll and he was paid wages, which documents are in possession of the first party.

(3.) What is important in the case of the workman appellant is that he was not given any earned leave account card, identity card, wages slip and that in the preceding 12 months from the date of termination of his services, he had worked for 240 days. It was therefore prayed that the action of the opponent first party be declared to be illegal and he should be ordered to be reinstated on his original post with continuity of service and wages for the intervening period, and the expenses of this Reference be also awarded.