SANJAYBHAI KRUSHNAJI NIMBAJI MALI Vs. VYARA NAGARPALIKA

JUDGEMENT

(1.) All these appeals filed under Clause 15 of the Letters Patent have genesis in common oral judgment dated 19.03.2018, rendered by learned Single Judge in Special Civil Application No.6430/2016 and allied writ petitions wherein relief prayed by the petitioners to hold action of the Labour Court, Surat, in allowing the References in part and awarding only lumpsum amount of Rs.50,000/- to each of the appellant - original petitioner, as illegal and violative of Section 25F of the Industrial Disputes Act, 1947, came to be rejected.

(2.) Before the Labour Court, the case of the workmen was that they were appointed on ad-hoc daily wage basis somewhere in the year 1998-99 as Clerks in Octroi Department of respondent - Vyara Nagarpalika. However, their services were discontinued somewhere in February 2002, in view of a decision taken by the State of Gujarat to abolish octroi with effect from May 2001, and therefore, they ought to be reinstated in service.

(3.) Mr.D.S.Vasavada, learned advocate for the appellants - original petitioners in all these appeals, would contend that learned Single Judge committed an error by overruling findings of the Labour Court about believing breach of Section 25F of the Industrial Disputes Act and that of decision rendered by this Court reported in D.S.Vasavada v. Regional Provident Fund Commissioner, Gujarat - 26(1) GLR 499 : 1985(1) GLR 499, to the effect that even if it was a closure of the Department, unless the closure becomes legal, the employee or the workman remains in service. It is submitted that awarding compensation to the tune of Rs.50,000/- is a meagre amount and even not commensurate or reasonable with that of total services rendered by the petitioners who had high hopes from their employer Nagarpalika having multifarious functions to be discharged under the Gujarat Municipalities Act, 1963. It is submitted that the learned Single Judge has erred in taking into consideration, Section 25FFF of the Act in the facts and circumstances of the case. By relying on decision of the Apex Court reported in the case of U.P. State Sugar Corporation v. Kaushal Kumar Sinha - 2017(2) LLJ 170, it is submitted that the workmen are at least entitled for compensation to the tune of Rs.2,50,000/- each keeping in mind the overall facts and circumstances of the case and accordingly, the judgment impugned in all these appeals rendered by learned Single Judge deserves to be quashed and set aside by allowing the appeals.