STATE OF GUJARAT Vs. SHUKHDEV SING VIKRAM SING

JUDGEMENT

(1.) The petitioner - State has challenged the award dated 19th March, 2015, passed in Reference (T) No. 323 of 2003 by the Labour Court, Bhavnagar. It is the common ground that the similar petition being Special Civil Application No. 17820 of 2015 in the case of State of Gujarat and Another v. Kanaiyalal Laxmishanker Jani and another came to be decided by this Court in the following terms.

(2.) Mr. Rashesh Rindani, learned Assistant Government Pleader has submitted that there was policy decision of the Government dated 03.01.2000 not to engage any workman on muster roll. The said instruction of the Narmada Water Resources and Water Supply Department was circulated on 04.01.2000. It is submitted that at some places the said instruction is referred to as dated 04.01.2000 but its actual date is 03.01.2000, which is circulated on 04.01.2001. It is submitted that in view of the said instructions, the services of the workman was discontinued, therefore the same ought to have been interfered with by the Labour Court. Without prejudice to this, it is further submitted that, no back wages should have been awarded. It is submitted that this petition be entertained.

(3.) On the other hand, Mr. Chhaya, learned advocate for the respondent has submitted that the workman was in employment for a period of not less than ten years. It is submitted that, the Labour Court has taken note of the aspect that, the instruction relied by the State was not to engage fresh persons, on muster roll. It is submitted that, after more than a decade, the discontinuance of the service of the workman is rightly interfered with by the Labour Court and no interference be made by this Court. It is submitted that this petition be dismissed.