LAWS(GJH)-2007-8-392

BHAVNAGAR DISTRICT PANCHAYAT Vs. JAYABEN B BORICHA

Decided On August 31, 2007
BHAVNAGAR DISTRICT PANCHAYAT Appellant
V/S
JAYABEN B BORICHA Respondents

JUDGEMENT

(1.) Heard Mr.H.S.Munshaw, learned counsel for the petitioners and Mr.R.D. Raval, learned counsel for the respondent.

(2.) The petitioners, being aggrieved by the award dtd.19/8/2000 passed by the Labour Court, Bhavnagar in (LCB) No. 498 of 1998, are before this Court with a submission that the court below was unjustified in answering the reference in favour of the workman with a direction to the present petitioners to reinstatement the workman at her original post.

(3.) Relying upon a Full Bench judgment in the matter of H. K. Makwana Vs. State, 1994 (2) G.L.R. 1002, Mr.Munshaw, learned counsel for the petitioners submitted that the respondent, who was engaged in scarcity programme, could not be deemed to be a workman, nor the scarcity work could be taken to be an industry and as such the respondent would not have been entitled to any relief. Referring to the Examination-in-chief of the respondent workman, he submitted that she had admitted that she was engaged in scarcity work.