STATE OF GUJARAT Vs. JAYESHBHAI TRAMBAKLAL DAVE
LAWS(GJH)-2023-1-878
HIGH COURT OF GUJARAT
Decided on January 02,2023

STATE OF GUJARAT Appellant
VERSUS
Jayeshbhai Trambaklal Dave Respondents

JUDGEMENT

- (1.)The present Special Civil Application is filed impugning the judgment and award dtd. 17/6/2014 passed by the learned Labour Court, Anand in Recovery Application No.139 of 2007.
(2.)The brief facts leading to the filing of the present Special Civil Application is as follows:-
2.1 It is the case of the respondent workman that he is working with the petitioner department since 11/7/1997 and is discharging his duties as Pump Operator/Pumpman/Pump Driver. It is further the case of the respondent workman that he was paid salary in the appropriate pay scale. The respondent workman prayed for various reliefs in the recovery application.

2.2 Both the parties led evidence in support of their case. The learned Presiding Officer, Labour Court, Anand by impugned judgment and order dtd. 17/6/2014 was pleased to allow only one prayer of the respondent workman and awarded Rs.46,000.00 to the respondent workman towards the work taken on weekly holidays from the respondent workman. Aggrieved, the petitioner State has preferred the present Special Civil Application.

(3.)Mr. Aditya Jadeja, learned AGP appearing for the petitioner State submits that the impugned judgment and award is bereft of any reasons while awarding an amount of Rs.46,000.00 to the respondent workman toward the work taken from him on weekly holidays during the period between 1997 to September 2007. He submits that except the statement of the respondent workman, no evidence has been brought on record by the respondent workman to prove his claim for the said amount awarded. He submits that in absence of any documentary evidence, the learned Labour Court ought not to have believed the version of the respondent workman while awarding the said amount. He further submits that the learned Labour Court did not appreciate the fact that on the weekly holidays, the work was being taken by other workmen on the establishment. He submits that the petitioners are following the prescribed norms with respect to taking work on holidays and therefore also, the respondent workman was not entitled to any amount towards working on weekly holidays. He further submits that no specific averment has been made with respect to the number of days he has actually worked against the weekly holidays during the said period. He, therefore, submits that the impugned judgment and order be interfered with and the present Special Civil Application be allowed.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.