LAWS(GJH)-2022-6-39

STATE OF GUAJRAT Vs. VASHRAMBHAI HIRABHAI

Decided On June 16, 2022
State Of Guajrat Appellant
V/S
Vashrambhai Hirabhai Respondents

JUDGEMENT

(1.) RULE. Learned Advocate Ms. Khushbu Chhaya waives service of rule on behalf of the respondent Nos.1 and 2.

(2.) This petition under Article-226 of the Constitution of India is filed against the Judgment and Award passed in Reference (LCD) No.17 of 1999 dtd. 8/2/2016 by the Presiding Officer, Labour Court, Rajkot.

(3.) The contention of the State Government to challenge the Award is that the Labour Court has relied upon the previous Reference being LCR No.1263 of 1984, 1264 of 1984 and 1265 of 1984, wherein the Award contended by the Workmen before the Labour Court was passed on 5/4/1985 and hence, based on such averments of previous References and the Award of the Labour Court, the Labour Court in the impugned order has proceeded to grant continuity of service by treating them to be in service and the period covered under the previous Reference is to be treated as continuing service.