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SCA/4827/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4827 of 2010
=========================================================
DEVUBEN
GOVINDBHAI & 2 - Petitioner(s)
Versus
DEPUTY
EXECUTIVE ENGINEER - Respondent(s)
=========================================================
Appearance
:
MR
MUKESH H RATHOD for
Petitioner(s) : 1 - 3.
None for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 22/06/2010
ORAL
ORDER
By
way of present petition, the petitioner has inter alia prayed for
quashing and setting aside the impugned judgment and award rendered
on 27th May 2009 by the Labour Court, Surendranagar, in
Reference (LCS) No.144 of 2000 below Ex.107 and directing the
respondent to reinstate all the petitioners on their original posts
along with continuity of service and with full backwages of
interregnum period with all consequential benefits.
It
is the case of the petitioners that though the petitioners were
working as daily wage labourers with the respondent-authorities for
the last more than 8 to 9 years, their services cames to be
terminated with effect from 01st January 1996 without
following due procedure of law. Being aggrieved by the same, the
petitioners preferred Reference (LCS) No.144 of 2000, which
ultimately came to be rejected by the Labour Court, Surendranagar.
It
is further the case of the petitioners that the Labour Court ought
not to have strictly applied the provisions of the Indian Evidence
Act to the proceedings under Section 10 of the Industrial Disputes
Act, 1947 (hereinafter referred to as ‘the Act’). It is submitted
that the case of the petitioners is covered under sub-sections (1)
of Section 25(B) of the Act. However, the Labour Court has not
considered the said aspects and, therefore, the present petition.
Having
considered the contentions raised by the learned advocate for the
petitioners, the averments made in the petition as well as the
documentary evidence produced on record, it transpires that the
petitioners did not produce any evidence, except the evidence
produced on behalf of the respondent and they have admitted the said
record to be proper. Further, they have stated that they do not have
any record except the record produced by the respondent. It is
categorically admitted by the petitioners that the they did not have
any enmity with the then engineer of the respondent. The
petitioners have admitted that they have not produced any
information as to for how many days they have worked with the
respondent in a particular year. It is pertinent to note that as per
the case of the petitioners, the service of the petitioners were
terminated with effect from 01st January 1996. The
petitioners are required to discharge 240 days of service in each
year and as per the law, prior to one year from the date of their
termination i.e. one year prior to 01st January 1996, the
petitioners have not discharged 240 days’ service with the
respondent. Further, no new daily wagers are also appointed by the
respondent and, therefore, it cannot be said that there is any
breach of provisions of Sections 25(G) and 25(H) of the Act. Thus,
there is no evidence on record to show that there was any relation
of master and servant between the parties. The petitioners have
thoroughly failed to establish their case before the Labour Court
and even before this Court.
In
view of aforesaid facts and circumstances of the case as well as the
reasons assigned by the Labour Court, I am of the opinion that the
view taken by the Labour Court is just and proper. The Labour Court
has assigned cogent and convincing reasons for arriving at the
conclusion. I do not find any illegality much less any perversity in
the findings recorded by the Labour Court. No case is made out to
interfere with the findings arrived at by the Labour Court. Hence,
the present petition deserves to be dismissed.
For
the foregoing reasons, the present petition fails and is,
accordingly, dismissed summarily.
(K.S.
Jhaveri, J)
Aakar
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