DISTRICT DEVELOPMENT OFFICER Vs. KARSANBHAI RAMJIBHAI JALADIYA

JUDGEMENT

(1.) The petitioners-District Development Officer and Panchayat Irrigation Division, through Executive Engineer, are before this Court with a submission that the award dated 12.1.2000 passed by the Labour Court, Junagadh in Reference [LCA] 219/95 and 220/95 [challenged in these two writ applications] is bad and illegal.

(2.) The short facts necessary for disposal of the present writ applications are that each of the respondents-workmen was employed as daily rated/daily wager as work-charged employees, meaning thereby that salary was to be charged against the work. It appears that somewhere in June, 1985, the present petitioners stopped awarding any work to each of the respondents. Thereafter, vide order dated 17.1.86, an order of appointment was made which was continued in case of Shri Khimabhai Muljibhai Mahida up to 22.3.86 and in case of Karsanbhai Rambhai Jiladiya up to 28.3.86. It again appears that on 7.3.86, services of the workmen were transferred to the District Development Officer. It is not in dispute before me that on 17.1.86, each of the respondents was appointed under the scarcity work. Vide order dated 9.4.86, the work period were extended up to 22.6.86 and 27.6.86. It appears that thereafter vide order dated 23.6.86, each of the respondents was removed from the services. Being aggrieved by the said removal, two separate References were made but as the orders were common, both the References were disposed of by a common order/award.

(3.) The Court below, vide its award directed reinstatement with full back wages, therefore, the petitioners are before this Court.