DY. EXECUTIVE ENGINEER Vs. SUKHDEVSINH NARSANGBHAI BARAD

JUDGEMENT

(1.) By filing the present petition, the Deputy Engineer, Road and Building Department challenged the judgment and award dated 15th December, 2007 passed by Labour Court No.2, Bhavnagar in Reference (L.C.B.) Demand No.01 of 2007. Under the said award the Labour Court directed the petitioner to provide appointment on compassionate basis to the applicant in place of his deceased father.

(2.) The applicant raised industrial dispute through Union claiming that after death of his father Navrangbhai Bhikhabhai Barad, he was entitled to be given compassionate appointment on the post on which his father was serving. In the statement of claim (Exh.5) it was the case of the applicant that his father died on 07th November, 2003, having put in more than 20 years of service under the first party employer. It was stated that he made an application immediately after the death of his father claiming compassionate appointment. The Reference before the Labour Court was contested by the first party employer, stating that the deceased employee was taken in service as Rojamdar, and that in view of General Administration Department's Circular dated 10th March, 2000, the Rojamdars were not covered under the Scheme for Compassionate Appointment. It was accordingly contended that applicant was not entitled to any relief.

(3.) A copy of Circular dated 10th March, 2000 which was relied on by the first party employer before the Labour Court was made available to the Court by learned Assistant Government Pleader Ms.Trusha Mehta. She submitted that the said Circular did not apply to Rojamdars and there was no Scheme for the daily-waged employees so as to cover their cases for compassionate appointment. She relied on decision of this Court in Special Civil Application No.11723 of 1994 dated 21st December, 1994 holding that kiths and kins of the employees who were Rojamdars were not entitled to compassionate appointment.