DAVE GIRISHBHAI VALLABHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. B.J. Trivedi for the appellants workmen and learned Assistant Government Pleader Ms.Shruti Dhruve for the respondent State, in both the appeals.

(2.) Both these Letters Patent Appeals preferred by the workmen arise from common judgment and order dtd. 10/4/2018 in respective Special Civil Applications passed by learned Single Judge. Since the impugned judgment is common and similar facts are involved and identical issues, both the appeals were heard together to be treated for final disposal by this judgment.

(3.) Noticing the facts relating to Reference (LCB) No. 167 of 2005, which has culminated into Letters Patent Appeal No. 1482 of 2018, it was the case of the workman in his Statement of Claim (Exhibit 6) that he was in service since 6 years at Lakhanka Dam as Wireless Operator/Site Supervisor. It was the grievance that from 1/1/1996, without any reason, by oral order, the workman was driven out of service without following the mandatory provisions of the Industrial Disputes Act, 1947. It was the case that juniors were continued and new were employed in place of the petitioner. It was stated that at that time, the salary of the workman was Rs.600.00 per month and he was engaged in the work for 8 hrs. The breach of Sec. 25F, 25G and 25H of the Industrial Disputes Act was alleged.