STATE OF GUJARAT Vs. RAMUBHAI KHALAPBHAI PATEL

JUDGEMENT

(1.) The workman and the employer have instituted set of two groups of petitions questioning the judgement and award dated 15.5.2015 passed in various independent references by the Labour Court, Valsad. While the employer has made grievance against the order of reinstatement of the workman with continuity of services; denial of back wages has induced the workman to challenge the award.

(2.) 1 It appears that the proceedings wherefrom these petitions are preferred comprised in the group of proceedings in the Labour Court being Reference (LCV) No. 243 of 2000 to 360 of 2000, some of which had come up for consideration before this court in group of Special Civil Applications being Special Civil Application No. 1582 of 2012 to 1607 of 2012 with/and other cognate groups. The only difference in these group of petitions as indicated above is denial of backwages. Back wages seems to have been denied, inter alia, on the ground that after dismissal of the reference in default, the workman got it restored only after two years. Further reason for denial of back wages is that though the workman averred that he was not gainfully employed, evidence in that regard was wanting. In the above group of petitions this court has passed the following order on 22.12.2014:

(3.) There does appear to be substantial dispute on the fact that the present groups of petitions were treated as part of one group and were consolidated and heard together at one point of time by the Labour Court. Therefore, there does appear to be any reason to treat these groups of petitions differently than the other groups decided by this court. Under the circumstances, the petitions filed by the employer deserves to be dismissed in terms of the reasonings quoted hereinabove.