SARDHAR GRAM PANCHAYAT Vs. SECRETARY

JUDGEMENT

(1.) By way of present petition, the petitioner - Sardhar Gram Panchayat has challenged the legality and validity of an award dated 20.2.2006 passed by the Presiding Officer, Labour Court, Rajkot in Reference (LCD) No.42 of 1988 and alternatively, has requested the Court to remand back the matter to the Labour Court, Rajkot for re-trial on merit, as one of the contentions was that it was an ex-parte award.

(2.) It appears from the record that the present petition has been entertained by this Court in the month of October,2008, whereby a notice came to be issued by directing the parties to maintain the status-quo. However, a liberty was reserved to vacate the status-quo if the respondent Union is aggrieved by grant of such order. It appears that thereafter, through served, non appeared for the respondent, the petition came to be admitted and again, the interim relief which was granted came to be continued till further orders, with a liberty to the other side to move this Court for vacating or modification. Further, it appears that no such application is given for vacating or modifying interim order and on this factual background, the petition has come up for final disposal before this Court.

(3.) It is the case of the respondent that Saurashtra Safai Kamdar Sangh has raised an industrial dispute before the Deputy Commissioner of Labour, Rajkot for demanding certain benefits, namely, pay-scale w.e.f. 1.1.1973 in the form of Dearness Allowance in parity with the Government of Gujarat employees, privilege leave, causal leave, miscellaneous holidays, medical allowance, uniform, woolen jersey and washing allowance as well and for that claim, the Union has backed upon the award of Desai Pay Commission. The conciliation of this dispute took place before the Assistant Commissioner of Labour and the failure report was submitted which ultimately has resulted into a reference before the Labour Court vide order dated 3.6.1988 under Section 10(1) of the Industrial Disputes Act (for short 'I.D.Act') and accordingly, the reference was registered.