STATE OF GUJARAT Vs. ABDULBHAI IBRAHIM KURESHI

JUDGEMENT

(1.) This petition is filed by the petitioner - State of Gujarat against the judgment and award dated 31.05.1999 passed by the Labour Court, Vadodara in Reference (LCB) No. 182 of 1992 whereby the reference was allowed and the petitioner was directed to reinstate the respondent workman to his original post considering his service as a continued service alongwith consequential benefits and 65% backwages and further directed to make payment of Rs.2,000/- to the respondent - workman towards cost.

(2.) The brief facts giving rise to this petition are such that the respondent workman was appointed as Watchman at Plantation of Village Anwada Taluka Dabhoi by the petitioner - Forest Department and he was initially paid Rs.300/- p.m. for the first year and after that he was paid Rs.150/- p.m. for the next two years and after that Rs.250/- as paid as monthly salary. On 05.10.1991, when the respondent was on his duty, his services came to be terminated by the Range Forest Officer orally, against which he made representations to the petitioner to take him back in service, but they were all vain, ultimately, the respondent filed the above referred reference before the Labour Court, which was decided as stated above. It is against this judgment and award of the Labour Court, the present petition is filed by the State of Gujarat.

(3.) It is submitted by the learned A.G.P. for the petitioner-State that the respondent - workman was called on duty on purely daily wages and that there was no termination by the office of the petitioner. On the contrary, the Range Forest Officer asked the respondent to come on duty but the respondent did not come to work. It is further submitted that the respondent was appointed on daily wages and he was never given appointment on daily wages and that there is Government resolution dated 22.12.1999 stating that the resolution dated 17.10.1988 of Road and Building Department is not applicable to the employee engaged by Forest Department. He,therefore, prayed for allowing this petition by quashing and setting aside the award of the Labour Court.