DY DISTRICT DEVELOPMENT OFFICER Vs. YAKUBKHAN IBRAHIMBHAI PATHAN

JUDGEMENT

(1.) The petitioners, being aggrieved by the award dated 14th September, 1998 passed by the learned Labour Court, Godhra in Reference (LCG) No.382 of 1992, is before this Court under Article 227 of the Constitution of India with a submission that the learned Court below was unjustified in answering the reference in favour of the workman.

(2.) Shri H.S. Munshaw, learned Counsel for the petitioners, submitted that the workman was appointed on ad hoc and temporary basis to carry out the Mid Day Meal Programme sponsored by the State Government. The post was created by the State Government and after abolition of the post and closure of the Mid Day Meal Programme, the services of the workman were not required, therefore, he was removed. He submitted that in view of the facts floating on the surface of the record, the order of reinstatement could not be made.

(3.) Shri Dipak R. Dave, learned Counsel for the respondent, on the other hand, submitted that the appointment of the respondent was not conditional. As the services were not made co-terminus with the closure of the programme and as he was appointed by the petitioners, he would be taken to be an employee of the petitioners. His further submission is that even if the amount of salary/wages paid to the workman was funded or provided by the State Government to the petitioners, it would be an internal matter between the petitioners and the State.