GUJARAT POLLUTION CONTROL BOARD Vs. RASIKLAL P DHANDHUKIA

JUDGEMENT

(1.) Letters Patent Appeal No. 1224 of 2018 is preferred by the Gujarat Pollution Control Board - employer - respondent before the learned Single Judge whereas Letters Patent Appeal No. 1209 of 2018 has been preferred by the employee - petitioner before the learned Single Judge. Both these appeals arise out of an oral judgement dated 17.03.2017 passed by the learned Single Judge in respective writ petitions. Under challenge before the learned Single Judge in the above captioned writ petitions was an award of June 2005 passed by the Labour Court in Reference (LCR) No. 20 of 1995 by which the Labour Court, Rajkot directed that the respondent - original workman be granted permanency and be regularized in service as peon-cum-Chowkidar. The Labour Court further directed that the respondent workman was extended all arrears of pay as if the workman was regularized in service.

(2.) The respondent workman filed a Statement of Claim before the Labour Court contending that he was appointed as a Peon-cum-Chowkidar on 07.12.1984 on a sanctioned post. It was the case before the Labour Court that he was given a fixed period appointment on 29 days basis. On his services being terminated on expiry of the 29th day which was extended from time to time, on 29.09.1985 he approached the Labour Court by filing Reference No. 1442 of 1986 claiming reinstatement with full backwages. By an award dated 06.12.1991, the order of termination was set aside and the workman was reinstated in service to his original post with continuity of service and backwages.

(3.) The employer - appellant herein preferred Special Civil Application No. 658 of 1992, wherein initially interim relief was granted against backwages. However, reinstatement was not stayed. The employee workman was reinstated in service on 27.02.1992, 7 years after his initial termination. The employer's petition was dismissed and the Court confirmed the award of reinstatement, however, reducing the amount of backwages to 20%. On 01.06.1993, the respondent was again appointed for a period of 29 days. He was subsequently granted regular pay scale of Rs.750-940 with effect from 01.09.1996 with all benefits. He was subsequently granted regular pay scale of Rs.2550-3200 on 17.11.1998. Raising a claim of regularization, he filed reference which is the subject matter of these appeals.