Gujarat High Court
State Of Gujarat vs Jivabhai Kishanbhai Solanki & Ors on 18 June, 2014
Author: Paresh Upadhyay
Bench: Paresh Upadhyay
C/SCA/6999/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 6999 of 2014
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STATE OF GUJARAT ....Petitioner
Versus
JIVABHAI KISHANBHAI SOLANKI & ORS. ....Respondents
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Appearance:
MR RASHESH RINDANI, AGP for the Petitioner
MR NILESH A PANDYA, ADVOCATE for the Respondents - Workmen
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CORAM: HONOURABLE MR.JUSTICE PARESH UPADHYAY
Date : 18/06/2014
ORAL ORDER
1. Heard Mr.Rashesh Rindani, learned Assistant Government Pleader for the petitioner State Authority.
2. Challenge in this petition is made to the award passed by the Labour Court, Vadodara in Reference (Demand) No.15 of 2006, dated 21.11.2013, whereby the respondent workmen are ordered to be reinstated in service, with 50% back wages by holding that the action of the petitioner Authority of discontinuing the service of these two workmen vide order dated 27.04.2006 was illegal.
3. Notice returnable on 07.07.2014.
4. So far the question of stay against reinstatement is concerned, the following are the relevant facts, as pointed out Page 1 of 3 C/SCA/6999/2014 ORDER by learned Assistant Government Pleader.
4.1 The joining of service of these two workmen is of the year 1981.
4.2 They were discontinued from service in the year 1987.
4.3 The said discontinuance was challenged by them before the Labour Court.
4.4 The Labour Court had, vide award dated 08.04.1999, ordered reinstatement, with continuity of service, with full back wages, with regularisation, including the pay-scale.
4.5 The said award was challenged by the petitioner Authority before this Court being Special Civil Application No.15867 of 1999, wherein the said award was modified to the limited extent of reducing back wages in part and that the workmen may agitate their grievance about the pay-scale before the appropriate forum. Rest of the award was not interfered with.
4.6 It is under these circumstances that these two workmen came to be reinstated in service. It is indicated that the reinstatement was effected pending the said petition, somewhere in the year 2001.
4.7 Thereafter, again their services came to be discontinued on 27.04.2006, mainly on the ground that, now it is a policy of the Government not to continue the daily wagers. Thus, effectively after about 25 years of service, the respondent Page 2 of 3 C/SCA/6999/2014 ORDER workmen are treated to be daily wagers and are discontinued from service, which is set aside by the Labour Court.
5. In above fact situation, the prayer of stay against reinstatement is rejected.
6. Mr.Nilesh Pandya, learned advocate appearing on caveat waives service of notice on behalf of respondents No.1 and 2.
(PARESH UPADHYAY, J.) mhdave/2 Page 3 of 3