EXECUTIVE ENGINEER Vs. SHANKARBHAI JIVABHAI PATEL

JUDGEMENT

(1.) By instant intra-court appeal under clause 15 of the Letters Patent, appellant/original petitioner ? Executive Engineer, District Panchayat, Bharuch ('the employer' for short) seeks to challenge the order dated 10.3.2006 rendered in Special Civil Application No. 17056 of 2003 by the learned Single Judge of this Court by which prayer to quash and set aside the judgment and award dated 31.1.2003 rendered by Labour Court, Bharuch, in Reference (LCB) No.602 of 1990 (Old (LCB) No. 955 of 1989) directing the employer to reinstate the respondent workman ('workman' for short) with continuity of service as well as 35% backwages for the interim period has been refused and thereby the petition filed by the employer under Articles 226 and 227 of the Constitution of India against the workman has been dismissed by treating it as a petition filed under Article 227 of the Constitution of India.

(2.) As per the case of the workman, he joined the service of the employer on the post of wireman, as daily wager, from 11.8.1983 to 9.9.1984. The employer had given work to the workman as a work-charged wireman from 10.9.1984 to 31.1.1987 by giving him appointment order for 29 days on contract basis, in the pay scale of Rs.260-400. According to the workman, his services came to be terminated without any reason or justification and without affording any opportunity, on 1.2.1987. He, therefore, approached the Conciliation Officer wherein he filed the statement of claims. On failure of conciliation proceedings, the Conciliation Officer referred the dispute to the Labour Court on 28.9.1989 for adjudication.

(3.) Aggrieved by the said order of granting reinstatement with continuity of service and 35% backwages, the employer filed Special Civil Application No.17056 of 2003 whereas aggrieved by granting only 35% backwages the workman also filed Special Civil Application No.9680 of 2004 which were placed for hearing before the learned Single Judge of this Court.