STATE OF GUJARAT Vs. RABARI MOTI MAVJI

JUDGEMENT

(1.) The petitioner State has challenged the award of the Presiding Officer, Labour Court, Rajkot dated 22-8-1983 given in Ref.No.(ICR) 488 of 1982. The Reference was between the Range Forest Officer, Dhrangadhra and the respondent-workman Rabari Moti Mavji.

(2.) A copy of the award is at Annexure-A page 6. In para 3, it is noted that, according to the workman, he had worked for more than 5 years as a watchman and was being paid salary of Rs.206.00 per month. Suddenly, on 7-1-1982, he was discharged without any ground, without any inquiry or even notice. Needless to say, he was not paid any compensation.

(3.) The petitioner State through said Range Forest Officer, seems to have filed its reply at Exh.4 before the trial Court. The stand taken is to the effect that the workman was appointed on daily wages, as watchman and he is not entitled to notice pay. As the service of the workman was no more required, he was told not to report for duty on 7th January 1982. This stand is taken on the basis that, for a daily-wager, eventhough he is a Government servant, no notice is required. This is categorically stated in para 4, page 6 of Annexure-A.