JUDGEMENT
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(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.
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