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SCA/7682/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7682 of 2010
=========================================================
DY.EXECUTIVE
ENGINEER - Petitioner(s)
Versus
KANAK
CHANDULAL VYAS - Respondent(s)
=========================================================
Appearance :
MR
SHASHIKANT S GADE for
Petitioner(s) : 1,
None for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 12/07/2010
ORAL
ORDER
1. By
way of this petition, the petitioner has prayed to quash and set
aside the impugned award dated 13.04.2010 passed by the Labour Court,
Bhuj in Reference [LCD] No. 4 of 2003, whereby the Labour Court has
directed the petitioner to give benefits of skilled operator w.e.f.
01.11.1992 and also instructed to give pay scale of Rs.950-1500/-
w.e.f. 14.10.1996. The Labour Court also directed to fix the new pay
scale of Rs.3050-4590/- with increments and grant benefits
accordingly.
2. The
short facts of the case are that the respondent workman at the
relevant time was working as rojamdar operator. It is the case of the
respondent workman that though he had put in almost 17 years of
service and had passed the written examination for the post of
Wireman, the petitioner did not consider him skilled workman and he
was not granted the benefits of the skilled workman.
2.1. Being
aggrieved by the same, the respondent-workman raised an industrial
dispute which was ultimately referred to Labour Court for
adjudication being Reference [LCD] No. 4 of 2003. Before the Labour
Court, both the parties adduced evidence and after appreciating the
material produced before it, the Labour Court allowed the Reference
with the aforesaid directions. Hence, this petition.
3. Heard
learned counsel for the petitioner. It appears from the record that
the respondent workman working with the petitioner since 1986. It has
come out from the cross examination of the witness who had deposed on
behalf of the petitioner that the respondent workman ad joined the
services of the petitioner on14.05.1986 and that he had rendered
continuous services of about 24 years.
3.1.
It also appears from the record that the respondent workman had also
passed the requisite examination for the purpose of getting the pay
equivalent to skilled workman. In the impugned award the Labour Court
had discussed the entire evidence in detail and I find that while
arriving at the conclusion the Labour Court has not committed any
illegality which warrants any interference from this Court under
Article 226 of the Constitution of India. I am in complete agreement
with the reasonings given and findings arrived at by the Labour Court
and hence, do not find any reason to interfere with the same.
4. Consequently,
the petition is dismissed summarily.
[K.S.
JHAVERI, J.]
/phalguni/
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