Chital Gram Panchayat Through ... vs Nileshbhai Kakubhai Sitapara
2022 Latest Caselaw 4196 Guj

     C/SCA/6016/2019                               JUDGMENT DATED: 18/04/2022



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 6016 of 2019

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BIREN VAISHNAV

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1     Whether Reporters of Local Papers may be allowed
      to see the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy
      of the judgment ?

4     Whether this case involves a substantial question
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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              CHITAL GRAM PANCHAYAT THROUGH SARPANCH
                                 Versus
                     NILESHBHAI KAKUBHAI SITAPARA
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Appearance:
MR HS MUNSHAW(495) for the Petitioner(s) No. 1,2
MRS NISHA M PARIKH(2397) for the Respondent(s) No. 1
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    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                               Date : 18/04/2022

                              ORAL JUDGMENT

1. RULE returnable forthwith. Ms.Nisha Parikh

learned advocate waives service of notice of Rule on

behalf of the respondent.

2. With the consent of learned advocates for the

respective parties, the petition is taken up for final

hearing.

C/SCA/6016/2019 JUDGMENT DATED: 18/04/2022

3. By way of this petition under Articles 226 and 227 of

the Constitution of India, the award of the Labour

Court, Amreli, dated 30.01.2019 is under challenge.

By the aforesaid award, the respondent-workman

who had worked with the petitioner - Chital Gram

Panchayat for a period from 01.10.1997 to

31.10.2017, has been ordered to be reinstated with

50% back-wages.

4. Mr.H.S.Munshaw learned counsel appearing for the

Panchayat would submit that the award apart from

being ex-parte, is bad, inasmuch as, the petitioner

was not represented. It is also an award obtained by

misrepresenting the facts. He would submit that in

fact, the respondent was not employed by the

Panchayat subsequently. Pursuant to the resolution

dated 05.09.2017 issued by the Chital Gram

Panchayat, essential services like those which the

respondent was engaged for, were outsourced. An

advertisement was published in the newspaper on

28.09.2017 inviting the tenders for appointments by

outsourcing agencies. A tender was submitted by

C/SCA/6016/2019 JUDGMENT DATED: 18/04/2022

one Ekta Foundation and a work order for a period

of five months was issued by an order of 29.10.2017

with effect from 01.11.2017 and the respondent

therefore was an employee of an outsourced

contractor. The award was therefore misconceived.

5. Pursuant to the compliance of the order passed by

this Court on 26.03.2019, an affidavit has been filed

by Sarpanch of Chital Gram Panchayat. Perusal of

the affidavit would indicate that there are justiciable

reasons based on which the petitioner could not

remain present before the Labour Court and the

award was passed uncontested.

6. Perusal of the award of the Labour Court would

indicate that the award has been passed without any

contest on behalf of the petitioner. It is also

indicated in the award that with effect from

01.05.2018, the respondent is working with the

Panchayat. That the respondent is still continuing

with the Panchayat, is verified and the statement to

that effect is made by learned advocate Ms.Nisha

Parikh for the respondent.

C/SCA/6016/2019 JUDGMENT DATED: 18/04/2022

7. Accordingly, the petition is allowed. The award of

the Labour Court dated 30.01.2019 is quashed and

set aside. The proceedings are remanded to the

Labour Court, Amreli, in Reference Case No.2 of

2018 to be decided afresh after giving an

opportunity to the petitioner to lead evidence. The

amount of back-wages awarded to the respondent

i.e. 50% amount as per the award shall be paid to

the respondent as costs computed for the period

from 31.10.2017 to 01.05.2018. It is clarified that

merely because the amount of back-wages as

computed by the Labour Court is computed towards

costs, the same should not be construed as a finding

on merits by the Labour Court, the Labour Court

shall decide the reference afresh in accordance with

law preferably within a period of eight months from

the date of receipt of copy of this order. The parties

shall cooperate with the hearing and are permitted

to lead evidence. Rule is made absolute.

(BIREN VAISHNAV, J) ANKIT SHAH