CHIEF OFFICER Vs. AMAR GUJARAT SHRAMJIVI SANGH

JUDGEMENT

(1.) By instant intra-court appeal under clause 15 of the Letters Patent, the appellant/original petitioner the Chief Officer, Mangrol Municipality ('the employer' for short) seeks to challenge the judgment and order dated 27.7.2006 rendered in Special Civil Application No. 6230 of 2004 by the learned Single Judge by which the prayer to issue a writ of certiorari or any other writ, order or direction quashing and setting aside the judgment and award dated 11.3.2004 passed by the President, Labour Court No.2, Junagadh in Reference (LCD) No. 33/2002, by which the employer was directed to reinstate the respondent ('the workman' for short) with continuity of service and with all consequential benefits, has been refused and thereby the petition filed by the employer under Article 227 of the Constitution of India has been disposed of and rule has been discharged.

(2.) As per the case of the employer, the workman was appointed as a Clerk on daily wages with effect from 25.10.1996 and till the date of filing of the petition he was working as daily wager with the employer. From the date of his initial appointment as daily wager, the workman was working with the employer in different branches. The workman, through the Union, approached the office of the Deputy Labour Commissioner, Saurashtra-Kachchh requesting him to refer the dispute as to whether the workman is to be paid arrears of salary and other available benefits as per the salary and benefits given to the permanent employees as he has completed service of more than 240 days. The Deputy Labour Commissioner, Saurashtra-Kachchh by order dated 30.9.2002 referred the dispute to the Labour Court, Junagadh under Section 10 (1) of the Industrial Disputes Act, 1947 for deciding the same in accordance with law. The said dispute was registered as Reference (LCD) No.33 of 2002 in the Labour Court, Junagadh.

(3.) Aggrieved thereby the employer filed Special Civil Application No. 6230 of 2004 and claimed the relief to quash and set aside the award dated 11.3.2004 passed by the President of Labour Court, Junagadh in Reference (LCD) No.33 of 2002 which was impugned before the learned Single Judge in the petition. The learned Single Judge, after hearing the learned advocates for the parties and considering the evidence on record, came to the conclusion that there is is no infirmity in the order passed by the Labour Court and since the Labour Court has not committed any error, no interference is required by the Court while exercising the power under Article 227 of the Constitution of India. The learned Single Judge has also observed that the finding recorded by the Labour Court is not contrary to the record. On these findings, the learned Single Judge disposed of the petition by discharging rule issued therein and also directed the employer to implement the award and grant the benefit to the workman as early as possible, preferably within a period of six months from the date of receiving the copy of the order, which has given rise to instant intra-court appeal at the instance of the employer.