DEPUTY EXECUTIVE ENGINEER Vs. GIRDHARBHAI BABUBHAI PATEL

JUDGEMENT

(1.) The petitioner Panchayat in this petition under Articles 226 &227 of the Constitution of India has sought to assail order dated 15.09.2006 passed by the Presiding Officer of the Labour Court, Jamnagar in Reference (LCJ) No. 264 of 2001.

(2.) The brief facts which lead to filing of this petition are as follows: The respondent workman worked as work-charged carpenter from 1979 to 1984 when his services came to be terminated. It has been denied by the petitioner that there was any termination of service without following any due procedure of law. The respondent has approached the Gujarat Civil Services Tribunal (for short 'the Tribunal') after 17 years by filing an Appeal bearing No. 104/2000. The reply was filed by petitioner on 16.06.2000 denying all allegations and the Tribunal after hearing both the sides, by its order dated 31/08/2000 dismissed the Appeal as time barred after observing that the respondent herein was a daily rated employee and there was no evidence of his having worked in the department for the entire period of five years. It also held that there was no explanation for a long delay in preferring the Appeal.

(3.) The respondent approached thereafter the Assistant Labour Commissioner, Jamnagar, the notice of which was received by the petitioner on 08.11.2000. It is lamented by the petitioner that this was served as if there existed a live industrial dispute where the petitioner was called for conciliation ignoring the fact that the dispute was raised after 17 years and it was also tried by the Tribunal and rejected. However, the said dispute was referred to the Labour Court, Jamnagar on the issue as to whether the petitioner employee should be reinstated to his original post with continuity of service and backwages. Labour Court registered the Reference as Reference (L.C.J.) No.264/2001 against the Deputy Executive Engineer (petitioner herein) even though the said officer was the appointing authority.