VRUJLAL KANJIBHAI BORISAGAR Vs. DISTRICT AYURVEDIC OFFICER

JUDGEMENT

(1.) This group of 11 petitions include 5 petitions, viz. Special Civil Application Nos.5194/2010 and 5818/2010 to 5821/2010 filed by the original claimants before the learned Labour Court and 6 petitions, viz. Special Civil Application Nos.6069/2010 to 6074/2010 filed by the opponent employer, wherein 5 claimants and original opponent, i.e. employer have challenged the common award dtd. 17/2/2010 passed by the learned Labour Court at Amreli in Reference Case Nos.3/2007, 4/2007, 5/2007, 7/2007, 51/2003 and 17/2006.

(2.) 5 claimants (out of original 6 claimants before the learned Labour Court) in 6 separate Reference Case Nos.3/2007, 4/2007, 5/2007, 7/2007, 51/2003 and 17/2006, have, in above mentioned 5 petitions, challenged the common award dtd. 17/2/2010 passed by the learned Labour Court at Amreli in above mentioned reference cases whereby the learned Labour Court awarded, to each of the said claimants, Rs.2,50,000.00 as lump sum compensation. The same award is also challenged by the employer in above mentioned 6 petitions i.e. Special Civil Application Nos.6069/2010 to 6074/2010.

(3.) So far as the factual background is concerned, it has emerged from the record and the submissions by learned advocates for the contesting parties that 6 claimants raised dispute against allegedly illegal termination of their services by the opponent employer. The said dispute raised by 6 claimants was referred by the appropriate Government for adjudication to the learned Labour Court at Junagadh and was registered as Reference Case Nos.3/2007, 4/2007, 5/2007, 7/2007, 51/2003 and 17/2006. In the said reference cases, the claimants filed similar statements of claim with similar and identical allegations and all of them prayed for reinstatement with consequential benefits. The claimants alleged that they were working in the Ayurved clinics / dispensaries at different centres under the authority of Taluke Development Officer. They alleged that they had applied for appointment as Class-IV employees on the information from a source. They also claimed that they were appointed in or around November 1976 and they performed duties from 8.00 a.m. to 12.00 noon and 2.00 p.m. to 6.00 p.m. They also alleged that they were required to do clinic work, to fill water and to give medicines to the patients who came to the Ayurved clinic and they were paid salary on daily wage basis. It was further allegd that they had filed writ petition in the High Court for better wages and in pursuance of the order passed in Special Civil Application No.2000 of 1986, they were placed in the scale of Rs.750.00. The claimants further alleged that the opponent employer terminated their services with effect from 15/1/2003 on the ground that their clinics are to be closed down.