STATE OF GUJARAT Vs. MANSUKHBHAI PURSHOTTAMBHAI VAGHELA

JUDGEMENT

(1.) The petitioner R&B Division through Executive Engineer has challenged the judgment and award dtd. 16/10/2014 passed in Reference (LCB) No.105 of 2005 by the Labour Court, Bhavnagar, whereby the reference instituted by the respondent - workman was partly allowed and the present petitioner was ordered to reinstate the respondent-workman without back wages along with continuity of service.

(2.) It has been stated that the respondent-workman got engaged with the petitioner department on 1/5/1991 as a daily wager and was assigned work of a sweeper. The respondent-workman claims to be on fix pay wages having worked with petitioner department from 1/5/1991 to 25/8/2004. Since the respondent-workman had made complaint to the Assistant Labour Commissioner, Bhavnagar asking for reinstatement with back wages, the reference to the dispute was referred to the Labour Court.

(3.) The facts, as noted in the impugned judgment signifies that when the dispute was raised before the Assistant Labour Commissioner Bhavnagar, the settlement failed and therefore, the reference was handed over to the Labour Court on 26/5/2005. Thereafter, the respondent-workman produced his statement of claim at Exh.5 with the facts that he was working on fix pay. He was appointed by the petitioner department by an office communication dtd. 13/8/1991 in accordance with the Government Resolutions dtd. 17/10/1988, dtd. 17/5/1991 as a sweeper from 1/5/1991, and was placed on the scale of fix pay at serial No.12.