STATE OF GUJARAT Vs. SENDHAJI S THAKOR

JUDGEMENT

(1.) All these Letters Patent Appeals arise out of similar judgments and orders passed in several Special Civil Applications. They were placed for admission but in view of several contentions and lengthy arguments both the sides requested the Court to treat the hearing as final hearing of the matters. We accordingly asked them to make submissions for final disposal of the appeals. We also granted sufficient time to the parties for completion of record by permitting filing of affidavit-in-reply as well as affidavit-in- rejoinder. The record was made complete and arguments were heard for final disposal.

(2.) For the purpose of appreciating controversy raised in the appeals, relevant facts in Letters Patent Appeal No. 540 of 1997 arising from Special Civil Application No. 4565 of 1995 briefly be stated.

(3.) That petition was filed by the State of Gujarat for quashing and setting aside an award passed by the Presiding Officer of Labour Court, Surendranagar in Recovery Application No. 657 of 1992 decided on April 4, 1994. The said application was filed by Manubhai Mavjibhai and others under Section 33-C(2) of the Industrial Disputes Act, 1947. It was the case of the workmen that they were serving in Forest Department under the Deputy Conservator of Forest, Surendranagar; that they were entitled to certain payment in accordance with the resolution issued by the Roads & Building Department of the State on October 17, 1988. According to them, since they were not paid their legal dues by the opponents, they were constrained to approach the Tribunal for getting the benefits from January 1, 1988 to December 31, 1992. They had produced a copy of the resolution as also the amount to which they were entitled.