RAJUBHAI R VANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate, Mr.Niral Mehta, appearing for petitioners and learned AGP, Mr.Mukesh Patel, appearing for respondents.

(2.) This case having history started from order dated 8th May,2003 passed by this Court. The order of this Court dated 8th May,2003 is narrated as under :

(3.) Now, question arises with regard to prayer made in petition about having the benefit of award passed by Industrial Tribunal in Reference (IT) No.725 of 1998 (Old No.39 of 1990) dated 3rd February,1999. Learned Advocate, Mr.Niral Mehta, submitted that their names were mentioned in Exh.13/1 in the record of the Reference (IT) No.725 of 1998 before Industrial Tribunal, Nadiad. It is not in dispute between parties that names of petitioners are at Serial Nos.82 and 89. This fact has been admitted by respondents in affidavit-in-reply at Page-67. The following averments made in Para.9; "With reference to Para.7 of the petition, it is submitted that the petitioners Union Agricultural and Rural Labour Association, Petlad, District " Kheda filed Reference (IT) No.725 of 1998 before the Industrial Tribunal, Nadiad for extending benefits of permanent employees to in all 114 daily wagers, wherein the names of the petitioners were included and as per the seniority list of workmen Exh.13/1, petitioners were at Serial Nos.82 and 89." Learned Advocate, Mr.Mehta, submitted that final direction of award dated 3rd February,1999 passed by Industrial Tribunal, Nadiad that the employees, whose names are not mentioned in Exh.13/1, are not entitled the benefits of award but, those employees whose service was terminated and have filed Reference before Labour Court, such employees are entitled benefit of award subject to award passed by concerned Labour Court in their termination case. It is also made clear that before 1st January,1995, if any employee died or voluntarily retired, then, person is not entitled to the benefit of such award.