DHIRUBHA KATHUBHA VAGHELA Vs. R.F.O.

JUDGEMENT

(1.) Both these petitions filed under Articles 226 and 227 of the Constitution of India arising out of the very same award dated 06.04.2017 being cross petitions, the same are heard together and decided by way of present common judgment and order.

(2.) Special Civil Application No.2900 of 2017 is filed by the workman against the judgment and award dated 06.04.2017 passed by the learned Presiding Officer, Labour Court, Jamnagar in Reference (LCJ) No.15 of 2010 to the extent whereby the learned Presiding Officer has not granted back-wages to the petitioner while reinstating the petitioner to his original post with continuity of service.

(3.) So far as another petition arising out of the said award is concerned, is filed by the State Authority being Special Civil Application No.7231 of 2017 taking a plea before the Court that looking to the tenure of service and the manner of functioning even the reinstatement order could not have been passed by the learned Presiding Officer. It has been pointed out that the respondent was purely engaged as a daily wager employee for services of forest and after completing the project work, the respondent workman was understood that he has not to come, he on his own stopped coming to the service from April, 2003.