DEPUTY EXECUTIVE ENGINEER Vs. RAJNIKANT CHOTALAL PITWA

JUDGEMENT

(1.) This petition is directed against the judgement of the Labour Court, Junagadh dated 6.12.2006 in Complaint Case No.4/2002. Brief facts are as under :

(2.) The petitioner Gujarat Water Supply and Sewerage Board ("the Board" for short) had engaged the respondent as a typist. Though there is some dispute about the nature and the terms on which he was so engaged, it is undisputed that he worked as a typist from March 1998 till June 2002. On 13.12.2001, the Union of the workers made an application to the Board on behalf of respondent workman pointing out that he was engaged as a typist since March 1998, initially on a fixed salary of Rs.900/-per month. Later on he was being paid on daily wage basis. Since last two months he was paid once again fixed salary, this time at the rate of 1300/-per month. The salary comes to less than minimum wages fixed by the Government. He has been discharging duties sincerely and honestly for more than three years. His service therefore, may be regularised.

(3.) Learned counsel Shri B.T. Rao for the Board raised two contentions. He firstly contended that the services of the workman were never terminated. He voluntarily stopped coming to work after 10.6.2007. The Labour Court therefore erred in setting aside the socalled termination order. His second argument was that Labour Court had no jurisdiction to pass the order because on the date when the service was allegedly terminated, there was no reference pending before the Labour Court. By virtue of pending conciliation proceedings, section 33A of the Industrial Disputes Act would not apply.