COMMISSIONER Vs. MANGESINH CHANDABHAI HARIJAN

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioners Commissioner, Youth Services and Cultural Activities and the Deputy Director, Sports Authority of Gujarat have prayed for an appropriate writ, direction and/or order quashing and setting aside judgment and order dated 22. 11. 1985 passed by the learned Presiding Officer, Labour Court, Godhra in LCG No. 16 of 1991 by which the learned Labour Court has directed the petitioners to reinstate the respondent with full back-wages.

(2.) AS the services of the respondent workmen were put to end without following any due procedure and without following Section 25-F of the Industrial Dispute Act (herein after referred to as 'the Act'), the respondents workmen raised industrial dispute which was referred to Labour Court, Godhra, which was numbered as Reference LCG No. 16 of 1991. Respondent workmen submitted his statement of claim at Exh. 6 and he was examined on oath at Exh. 12. He stated in the evidence that he worked for the period from 01. 09. 1984 to 31. 03. 1985 and thereafter from 01. 06. 1985 to 24. 07. 1985; 01. 04. 1986 to 31. 03. 1987 and from 16. 06. 1989 to 31. 03. 1990 as daily wager. He was cross examined however, nothing adverse to him was brought out. Labour Court, Godhra by impugned judgment and order allowed the said References directing the petitioners to reinstate the respondent with full back wages by holding that respondents workmen has completed 240 days. It is submitted that the services of the respondents were put to an end without following any procedure under Section 25 (f) of the Act and/or any other provisions. Being aggrieved and dissatisfied with the impugned judgment and order passed by the Labour Court, Godhra passed in aforesaid Reference LCG No. 16 of 1991, the petitioners employer have preferred the present Special Civil Application under Article 226 of the Constitution of India.

(3.) MR. AMIT Patel, learned AGP has tried to assail the impugned judgment and award passed by the learned Presiding Officer, Labour Court by submitting that respondents workmen has failed to establish and prove that he has worked for more than 240 days continuously. He has also submitted that as such respondents workmen was serving as part time employee and therefore, procedure as required under Section 25 (f) was not required to be followed. It is submitted that learned Labour Court, Godhra has materially erred in directing the petitioners to reinstate the respondents workmen with full back-wages. By making above submissions, it is requested to allow the present Special Civil Application. Though served, nobody appears on behalf of the respondents workmen.