LAWS(GJH)-2007-8-109

STATE OF GUJARAT Vs. MANSI NATTHU

Decided On August 03, 2007
STATE OF GUJARAT Appellant
V/S
MANSI NATTHU Respondents

JUDGEMENT

(1.) Shri I.M. Pandya, learned AGP for the petitioners; none for the respondents.

(2.) By this petition under Article 227 of the Constitution of India, the petitioner-State seeks to challenge the correctness, validity and propriety of the award dated 23.6.98 passed by the learned Labour Court, Junagadh in Recovery Application No. 26/96.

(3.) The respondents had filed Recovery Application submitting, inter alia, that they were not being paid in accordance with the work done by them and therefore, each of them was required to be paid a sum of Rs. 22,000/-. The claim was made against the State Government. Reply was filed by the State Government before the learned Court below, however, pleadings were not substantiated by examining the witness nor did they controvert the affidavit filed by the workmen. However, some departmental officer had filed copy of the recommendation letter [exh.15] wherein one departmental officer had asked the other departmental officer to grant additional sanction and pay funds to clear of the dues of the workers. In view of the submission made in the recommendation letter, the learned Labour Court held that the respondents were not denying their liability but were simply requiring the Government to sanction the amount to discharge the liability. The Court below accordingly allowed the application and directed the State Government to make payment of Rs. 22,000/- to each of the claimant.