STATE OF GUJARAT AND ORS. Vs. LAKHMANBHAI

JUDGEMENT

(1.) This group of three petitions arise from same and common award. The two persons had raised industrial dispute, which was referred for adjudication to the learned Labour Court at Rajkot. The dispute raised by two persons came to be registered as Reference (L.C.R) No. 79/94 and 80/94. The learned Labour Court adjudicated the said two reference process and decided the same by common award dated 03.10.2007. The said common award is challenged by the employer (Petitioner -State in Special Civil Application Nos. 6544 of 2008 and 6545 of 2008).

(2.) Even the concerned two persons have challenged the same common award dated 03.10.2007 in Reference (L.C.R) No. 79/94 and 80/94. The said two persons have filed common/single petition challenging the said common award (i.e. Special Civil Application No. 482 of 2009). Since the Employer -State and two persons have raised common contentions, the petitions are decided by this common judgment.

(3.) The two petitions i.e. Special Civil Application No. 6544 of 2008 and 6545 of 2008 are filed by the State against the common award dated 03.10.2007 in Reference (L.C.R) No. 79/94 and 80/94. It is claimed that the learned Labour Court has committed error in presuming that the workmen had worked for 240 days in preceding 12 months and that the Court has also committed error in holding that the workmen were relieved in violation of Sec. 25F, Sec. 25G and Sec. 25H of the Industrial Disputes Act, 1947 (hereinafter referred to as the "I.D. Act").