Shapur Gram Panchayat vs Vala Natha Sidi and Others

K.S. Jhaveri, J.—The petitioner has challenged the judgement and award dated 5th January 2001 passed by learned Presiding Officer, Labour Court, Junagadh, in Recovery Application Nos. 85 to 2000 to 89 of 2000 directing the petitioner to pay Rs. 96,000/- to each of the respondents.

The respondents were employed in the petitioner Gram Panchayat, but their appointment was without following proper procedure. The respondents approached Labour Court by way of filing Recovery Applications No. 85 to 89 of 2000 praying for the benefits of the revised pay scales of Fourth and Fifth Pay Commission recommendations. The petitioner filed their reply on 28th August 2000 and ultimately the Labour Court allowed all the said Recovery Applications which are the subject matter of this petition.

The main contention raised on behalf of the petitioner is that the Labour Court has not considered certain vital evidence produced before it. Learned Advocate pointed out that the details mentioned at Annexure-B were not at all taken into consideration by the Labour Court while passing the impugned award.

The aforesaid contention could not be disputed by the learned Advocate for the respondent.

In view of the above, interest of justice would be met by remanding the matter to the Labour Court for fresh consideration of the matter.

In the premises aforesaid, the impugned jdugement and award is hereby quashed and set aside and the matter is remanded to the Labour Court, Junagadh. The petitioner shall file reply, if any, before the Labour Court within a period of one month from today and the Labour court shall give priority to the present matter as the same is very old one and in any case hear and decide the same within a period of six months from the date of receipt of writ of this order. Rule is made absolute to the aforesaid extent with no order as to costs.