Umrala Gram Panchayat vs The Sec.Municipal Employee Union & Ors on 27 March, 2015
7. It is an established fact that the respondent
No.1 is working with the petitioner from last 20
years. There is no dispute that he has continued
to work every year for 240 days and his service
was on a continuous and uninterrupted basis. This
has been noted by the Labour Court on the basis
of the documentary as well as oral evidence. The
only plea that has been taken is of absence of
any setup of Driver. It is noteworthy that the
Labour Court has extensively dealt with oral as
well as documentary evidences and has noted that
though the work of the permanent employee has
been taken from the respondent No.1, he has not
been paid the dues by the petitioner under the
pretext of absence of sanctioned post. It has
rightly termed this conduct of the petitioner as
"unfair labour practice" from last 20 years. The
respondent admittedly has been working as a
Driver and that has been proved by clinching
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C/SCA/1379/2022 ORDER DATED: 04/03/2022
evidence of the petitioner's side. Relying upon
the decisions rendered in cases of Umrada Gram
Panchayat Vs. Secretary, Municipal Employees
Union and others, 2015 (1) GLH 712 and the
decision of Vrajlal Bachubhai Khachariya v. State
of Gujarat, 2018 (1) GLH 56, the Labour Court has
chosen to partly allow the case of the
respondent.