STATE OF GUJARAT Vs. KANJIBHAI SHANABHAI PADHIYAR

JUDGEMENT

(1.) The present appeal is filed challenging the judgment and order passed by the learned Single Judge dated 25.07.2017, passed in Special Civil Application No.11524 of 2014, wherein the learned Single Judge has quashed and set aside the orders dated 01.03.2014 and 15.07.2014 passed by the respondent no.2 whereby the service of the petitioner - present respondent is treated as Daily Wager instead of regular employee, and further recovery of excess payment of wages is ordered.

(2.) The brief facts giving rise to this petition are that the respondent Orig. petitioner joined Bhadaran Irrigation Sub-Division on 1.3.1990 as daily wager. He was relieved from service on 12.3.1991 alleging that his selection as a daily wager was contrary to the orders of the State Government. The petitioner challenged the same by filing Reference (LCA) No. 981/1992, wherein, a settlement was arrived at between the parties i.e. the respondent workman and the Deputy Executive Engineer, Borsad. Pursuant to the compromise and the award passed by the Labour Court, the Appellant No.2 passed an office order No. 540 of 2008 regularizing the respondent Orig. petitioner's service for all purposes as mentioned in the compromise deed. However, the appellant vide letter dated 1.3.2014 directed that the services of the respondent to be treated as daily wager and further ordered recovery of the excess payment made him. On the basis of the aforementioned communication, an order came to be passed on 15.7.2014, vide which, recovery has been effected, the same has given rise to the captioned writ petition.

(3.) Mr.Utkarsh Sharma, learned AGP appearing on behalf of appellant State has submitted that the impugned judgment dated 25.07.2017 passed by the learned Single Judge is erroneous and contrary to the law and facts. He submitted that the Order No.540/08 regularizing the services of respondent for all purpose was passed by mistake by the concerned officer. He has submitted that at the relevant time, when the respondent - original petitioner was serving as a Workman, he had pressurized the Department to give such benefits and under influence of such pressure, he was given benefit of Resolution dated 17.10.1988, whereby he was placed in a regular pay scale. He submitted that on realizing the mistake, vide impugned order dated 15.07.2014, earlier orders were withdrawn and recovery was ordered. He has submitted that in such facts, action of the appellant was justified in cancelling the impugned order granting pay scale and consequently order of recovery.