DEPUTY EXECUTIVE ENGINEER Vs. QUARESHI AHMEDBHAI PIYABHAI

JUDGEMENT

(1.) The petitioner, Deputy Executive Engineer, Kadi Taluka Panchayat (hereinafter referred to as the petitioner Panchayat) has brought under challenge award dated 8 April, 1991 passed by the learned Labour Court in Reference No. 1307 of 1986 (new No. 114 of 1986) whereby the learned Labour Court has directed the petitioner Panchayat, to reinstate three workmen, Mr. A. M. Kureshi, Mr. C. J. Patel and Mr. R. J. Thaker (hereinafter referred to as the "concerned workmen") from amongst various other workmen also concerned in the aforesaid reference. The learned Labour Court has also granted continuity of service as well as benefit of back wages with effect from 20 February, 1990. Aggrieved by the said award and directions, the petitioner-Panchayat is before this Court.

(2.) A Union named Municipal and Panchayat Employees Union raised Industrial dispute on behalf of the several workcharge workmen of the petitioner-Panchayat, alleging inter alia, that the workmen concerned in the dispute were illegally terminated in February, 1977. The said dispute was, referred for adjudication to the Labour Court by order of Reference dated 26-5-1986. The said order of reference, culminated into Reference No. 1307 of 1986 which was subsequently renumbered as Reference No. 114 of 1986. It transpires from the record that during pendency of the reference proceedings, only aforesaid three persons (Mr. A. M. Kureshi, Mr. C. J. Patel and Mr. R. J. Thaker i.e. the concerned workmen out of several other workmen for whom reference was made) appeared before the Labour Court and prosecuted the Reference. Hence, the Labour Court has rejected the reference with regard to the other workmen and restricted the reference and the award to the concerned 3 workmen. Consequently, present petition is also restricted to the directions concerning the concerned three workmen.

(3.) Heard Mr. Jani learned Advocate for the petitioner Panchayat and Mr. Pathak learned Advocate for the concerned workmen.