SCA/7002/1997 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7002 of 1997 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the Civil Judge? ========================================================= COMMISSIONER & 1 - Petitioner(s) Versus MANGESINH CHANDABHAI HARIJAN C/O NAVCHETAN KAMDAR SANGH & 1 - Respondent(s) ========================================================= Appearance : MR AMIT PATEL, ASST. GOVERNMENT PLEADER for Petitioner(s) : 1 - 2. RULE SERVED for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 08/05/2008 ORAL JUDGMENT 1. By way of this petition under Article 226 of the Constitution of India, the petitioners – SCA/7002/1997 2/5 JUDGMENT Commissioner, Youth Services and Cultural Activities and the Deputy Director, Sports Authority of Gujarat have prayed for an appropriate writ, direction and/or order quashing and setting aside judgment and order dated 22.11.1985 passed by the learned Presiding Officer, Labour Court, Godhra in LCG No.16 of 1991 by which the learned Labour Court has directed the petitioners to reinstate the respondent with full back-wages. 2. As the services of the respondent – workmen were put to end without following any due procedure and without following Section 25-F of the Industrial Dispute Act (herein after referred to as 'the Act'), the respondents – workmen raised industrial dispute which was referred to Labour Court, Godhra, which was numbered as Reference LCG No.16 of 1991. Respondent – workmen submitted his statement of claim at Exh.6 and he was examined on oath at Exh.12. He stated in the evidence that he worked for the period from 01.09.1984 to 31.03.1985 and thereafter from 01.06.1985 to 24.07.1985; 01.04.1986 to 31.03.1987 and from 16.06.1989 to 31.03.1990 as daily wager. He SCA/7002/1997 3/5 JUDGMENT was cross examined however, nothing adverse to him was brought out. Labour Court, Godhra by impugned judgment and order allowed the said References directing the petitioners to reinstate the respondent with full back – wages by holding that respondents – workmen has completed 240 days. It is submitted that the services of the respondents were put to an end without following any procedure under Section 25(f) of the Act and/or any other provisions. Being aggrieved and dissatisfied with the impugned judgment and order passed by the Labour Court, Godhra passed in aforesaid Reference LCG No.16 of 1991, the petitioners – employer have preferred the present Special Civil Application under Article 226 of the Constitution of India. 3. Mr.Amit Patel, learned AGP has tried to assail the impugned judgment and award passed by the learned Presiding Officer, Labour Court by submitting that respondents – workmen has failed to establish and prove that he has worked for more than 240 days continuously. He has also submitted that as such respondents – workmen was serving as part time SCA/7002/1997 4/5 JUDGMENT employee and therefore, procedure as required under Section 25(f) was not required to be followed. It is submitted that learned Labour Court, Godhra has materially erred in directing the petitioners to reinstate the respondents – workmen with full back- wages. By making above submissions, it is requested to allow the present Special Civil Application. Though served, nobody appears on behalf of the respondents – workmen. 4. Heard Mr.Amit Patel, learned AGP appearing on behalf of the petitioners and gone through the judgment and award passed by the learned Labour Court, Godhra. It appears that the respondents – workmen has worked as Safai Kamdar for the period from 01.09.1984 to 31.03.1989 and on appreciation of evidence, learned Labour Court, Godhra has held that the respondents- workmen has worked for more than 240 days continuously and that before terminating their services, procedure as required to be followed under Section 25(f) of the Act has not been followed. This is a finding of fact given by the learned Labour Court, Godhra and on appreciation of evidence. This SCA/7002/1997 5/5 JUDGMENT is a petition under Article 227 of the Constitution of India, learned AGP is not in a position to show this Court that findings given by the learned Labour Court is in any way perverse and contrary to the evidence on record. Under the circumstances, it cannot be said that the Labour Court, Godhra has erred in allowing the References by directing the petitioners to reinstate the respondents-workmen with full back-wages. It is admitted position that before terminating services of the respondents – workmen procedure as required under Section 25(f) of the Act has not been followed. There is no substance in the present Special Civil Application, same requires to be dismissed. 5. For the reasons stated above, the petition fails, deserves to be dismissed and accordingly it is dismissed. Rule discharged. Ad-interim relief, if any, stands vacated forthwith. However, there shall be no order as to costs. [M.R.Shah,J.] satish