LAXMAN N GOL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Whether termination of service of a daily rated driver who has worked for more than five years in the Public Works Department of the State of Gujarat is violative of provisions of Secs. 25-F, 25-G, 25-H and 25-T of the Industrial Disputes Act, 1947 ('ID Act') and whether it is also as a result of unfair labour practice employed by the respondent-State and whether the State has infringed the provisions of Secs. 2(j), 2(s), 25-D and 2(ra) of the ID Act are main questions raised in this petition under Art. 226 of the Constitution of India.

(2.) A resume of material facts may, firstly, be stated at this stage. The petitioner came to be appointed as a driver in the office of the Deputy Executive Engineer, Sub-Division 19, Capital Project of the Public Works Department, Gandhinagar, respondent No. 2, on 21.1.1979. The petitioner thereafter, continuously, had worked from 1979 to 1984 as a driver. His services as a driver came to be terminated with effect from 31.1.1985. He was as such initially appointed as a daily rated driver. The order of termination of services came to be passed by respondent No. 2. The case of the petitioner is that he has continuously worked as daily rated driver and he was orally assured by the employer that he will be regularised and necessary orders will be issued in due course of time. Instead of getting the order of regularising or confirming him, he received a letter of termination from respondent No. 2.

(3.) The petitioner has also contended that he was taken as a driver on daily rated basis and it is also contended that he was appointed on 29 days basis with artificial intermittent breaks and thereby, he is deprived of benefit of regularisation and permanent service. The petitioner was working even on the last day of the month, but salary was not paid to show break on record. It is in this context that the petitioner has contended that respondent-authority has exploited and has employed unfair labour practice in keeping the petitioner on daily rated basis and by showing artificial breaks on record. The petitioner is not paid any compensation or any notice pay or any monetary benefits.