LAWS(GJH)-2016-10-105

MADHUSINH A SOLANKI Vs. EXECUTIVE ENGINEER

Decided On October 21, 2016
Madhusinh A Solanki Appellant
V/S
EXECUTIVE ENGINEER Respondents

JUDGEMENT

(1.) In this petition, the petitioner - original claimant has challenged award dated 23.12.2005 passed by the learned Labour Court at Ahmedabad in Reference (LCA) No.251 of 1988 whereby the learned Labour Court rejected the demand by the claimant and dismissed the reference.

(2.) The claimant, i.e. present petitioner raised industrial dispute with the allegation that the opponent board illegally terminated his service.

(3.) The opponent board opposed the reference and the demand of the claimant. In its written statement, the board claimed that the claimant was working on temporary and casual basis that he was engaged on NMR at fixed salary. It was also claimed that the claimant was engaged without following procedure prescribed by law and that he was engaged for casual and temporary work and that, therefore, he has no right to continue in service. The board denied that the claimant worked with the board since 1979. The board contended and asserted that the claimant worked with the board from May 1984 to 24.3.1986 and during that period, he was engaged on NMR. It was also contended by the board that the claimant was was not engaged on any vacancy on permanent post and that, therefore also, he has no right to continue in service. With the said contention, the opponent board opposed the reference and the demand.