DHORAJI MUNICIPALITY Vs. USHABEN ANANTRAI UPADHYAY

JUDGEMENT

(1.) The present Letters Patent Appeal under Clause 15 of the Letters Patent, 1865, arises from the judgement and order dtd. 1/12/2021 passed by the learned Single Judge rejecting the captioned writ petition filed by the appellant- Municipality assailing the award dtd. 8/3/2007 passed by the Labour Court, Rajkot in Reference (LCR) No.1356 of 1989.

(2.) The facts, as recorded by learned Single Judge, are not in dispute. The appellant-Municipality on 2/2/1988 appointed the respondent-workman as Clerk-cum-Typist in the House-Tax Department as a daily wager for 30 days. Thereafter, on completion of every 30 days, further orders were passed by the appellant-Municipality appointing the respondent-workman on such post and the last order was passed on 4/11/1988.

(3.) It appears that thereafter, the respondent-workman was not engaged by the appellant-Municipality and hence, the respondent-workman issued a Notice to the appellant- Municipality seeking reinstatement in service and thereafter, raised the dispute, which culminated into reference proceedings being Reference (LCR) No.1356 of 1989. After considering the documentary as well as oral evidences, the Labour Court directed the appellant-Municipality to reinstate the respondent- workman with continuity of service and 25% back wages. It appears that during the pendency of the writ petition, in view of the interim relief, the respondent-workman was reinstated in May,2007 and is still continuing as such.