STATE OF GUJARAT Vs. REVABHAI JESINGBHAI

JUDGEMENT

(1.) BY way of present appeal under Clause 15 of the Letters Patent, the appellant -original petitioner has challenged the legality and validity of the order dated 06/05/1998 passed by the learned Single Judge of this Court while dealing with Special Civil Application No. 7187 of 1997, whereby the learned Single Judge confirmed the award dated 11/5/1992 passed by the Industrial Tribunal in Reference I.T. No. 388/98. The present respondents have filed Special Civil Application and prayed to extend the benefit of the award of the Industrial Tribunal in Reference (IT) No. 386/88 and further prayed for the benefits of the resolution dated 17/10/1988. On the ground that they completed more than 960 days of working as daily rated employees and are governed by the award of the Tribunal in Reference (IT) No. 386/88. The submissions made by the respondents were disputed by the present appellant by way of filing affidavit in reply. However, learned Single Judge has come to the conclusion that the respondents have put up the qualifying period of service and they are entitled to the benefits of Reference (IT) No. 386/1988. It was also disputed by the present appellant that present respondents were working on the permanent post of watchmen in Forest Department. It is the case of appellant that the learned Single Judge came to the conclusion that both the respondent workmen were working as daily wagers and were paid Rs. 46.50 at that time. The learned Single Judge has relied on the seniority list and directed the appellant to give effect to the award dated 11/5/1992 but the contents of the seniority list are not admitted by the appellant. Hence, this appeal.

(2.) IT is the case of the appellant that the respondents - original petitioner No. 1 & 2 have joined their services of the appellant Department as watchman w.e.f. February, 1984. They were transferred on different road side protection of plantation from time to time and were working satisfactorily. In the year 1995, the appellant has circulated a seniority list of watchman working under him, wherein the name of respondents are at Sr. No. 3 & 5 respectively. The respondents are daily rated watchmen and receiving monthly salary at the rate of Rs. 46.50 per day.

(3.) IT is contended by the appellant that the learned Single Judge has failed to take into account that present respondents ought to have approached machinery under the Industrial Disputes Act before approaching the Honourable High Court by way of preferring Special Civil Application.