Ahmedabad Municipal Corporation vs Jivabhai Karsanbhai Purabia ...
2023 Latest Caselaw 2739 Guj

     C/SCA/5200/2010                                  JUDGMENT DATED: 03/04/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 5200 of 2010


FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE                                Sd/-
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1     Whether Reporters of Local Papers may be allowed                     No
      to see the judgment ?

2     To be referred to the Reporter or not ?                              No

3     Whether their Lordships wish to see the fair copy                    No
      of the judgment ?

4     Whether this case involves a substantial question                    No
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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                   AHMEDABAD MUNICIPAL CORPORATION
                                Versus
              JIVABHAI KARSANBHAI PURABIA SINCE DECEASED
================================================================
Appearance:
MR HS MUNSHAW(495) for the Petitioner(s) No. 1
MR HARNISH V DARJI(3705) for the Respondent(s) No. 1
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    CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                               Date : 03/04/2023
                               ORAL JUDGMENT

The present Special Civil Application is filed praying for the

following reliefs:-

"6(A) Be pleased to admit the present Special Civil Application;

(B) Be pleased to allow the present Special Civil Application by way of passing appropriate writ, mandamus, order or directions quashing and setting aside the impugned Award dated 03/10/2009 passed by

C/SCA/5200/2010 JUDGMENT DATED: 03/04/2023

the Labour Court at Ahmedabad in Reference (LCA) No.701 of 1999, annexed as Annexure--D by way of holding that the same is illegal, unjust, arbitrary and contrary to the facts and evidences on record as well as the provisions of Industrial Disputes Act 1947 and further be pleased to pass appropriate orders in the interest of justice.

(C) Pending the admission, final hearing and disposal of the present Special Civil Application be pleased to grant interim relief by way of staying the implementation, execution and operation of the Award dated 03/10/2009 passed by the Labour Court at Ahmedabad in Reference (LCA) No.701 of 1999, annexed as Annexure--D in the interest of justice.

(D) be pleased to call upon the record & proceedings of the present case from the Labour Court at Ahmedabad."

2. The brief facts in the present case is that, the respondent

workman was employed by the erstwhile Jodhpur Municipality

w.e.f. 1.3.1987 as a full time sweeper and he continued to work

in that capacity till 16.7.1998. That after one year, the

respondent workman raised a dispute before the Assistant

Labour Commissioner who by letter dated 29.4.1999 made a

reference to the Labour Court, Ahmedabad being Reference (LCA)

No.701 of 1999. The respondent workman filed his statement of

claim. The petitioner gave a reply to the same. Thereafter, the

parties led evidence in support of their contentions. By the

impugned judgment and award dated 3.10.2009, the learned

C/SCA/5200/2010 JUDGMENT DATED: 03/04/2023

Labour Court was pleased to direct that the services of the

respondent workman be treated as full time and continuous

from the year 1987 till 1998 and he should be paid all the

benefits accordingly.

Aggrieved, the petitioner Corporation has preferred the

present Special Civil Application.

3. Mr. H.S.Munshaw, learned advocate appearing for the

petitioner Corporation submitted that the learned Labour Court

has erred in not assigning any specific reasons while ordering

the payment of consequential benefits by treating the services

rendered by the deceased respondent workman as a full time

sweeper for the period from 1987 till 1998. He submits that the

respondent workman was provided work by the erstwhile

Jodhpur Municipality without following any procedure of

recruitment and purely on temporary and ad-hoc basis. He

submits that no recruitment procedure was followed. He further

submits that the deceased respondent workman had abandoned

his service on 16.7.1998 on his own and reference is filed after

nearly 10 months after the abandonment of the service. He

submits that the respondent was working as a daily wager and

was paid daily wages as per the prevailing rates. He submits that

C/SCA/5200/2010 JUDGMENT DATED: 03/04/2023

since the deceased respondent workman was not appointed

following due procedure, he cannot be given benefit available to

the regular and permanent sweeper for the period from 1987 to

1998. He, therefore, submits that the impugned judgment and

award is liable to be quashed and set aside.

4. Per contra, Mr. Harnish V. Darji, learned advocate

appearing on behalf of the respondent workman has submitted

that the parties have led cogent evidence. He submits that in the

Demand Reference No.110 of 1997, the Special Labour Court in

its award dated 31.1.2000 has a list annexed to it having names

of 26 full time sweepers in which the name of the deceased

respondent workman appears at Sr. No.22. The said list is of the

full time sweepers engaged by the Municipality and in the said

list, the deceased respondent workman has been shown to have

joined the Municipality service from 1.3.1987. He further

submits that the deceased respondent workman has also placed

on record pay slips for the year 1996 which show that he has

worked for 265 days. He further submits that in view of the fact

that he was already shown and accepted as a full time sweeper

by the Jodhpur Municipality, it cannot be said that he was a

daily wager. Further, no evidence has been brought on record by

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the petitioner Corporation to deny the same. He, further,

submits that the reasons assigned in the impugned judgment

and award are based on cogent evidence and the same need not

be interfered with. He, therefore, submits that the present

Special Civil Application be dismissed.

5. Heard learned advocates for the parties and perused the

documents on record.

6. In the present case, the evidence reveals that the deceased

respondent workman was shown as a full time sweeper from

1.3.1987 on the rolls of Jodhpur Municipality in the Demand

Reference No.110 of 1997 proceedings. The said list of full time

sweepers was annexed with the award dated 31.1.2000 in those

proceedings by the Jodhpur Municipality. Thereafter, it is also

revealed that the petitioner has placed on record pay slips

showing that he has been issued pay slips till 1996 which shows

that he has worked for 265 days in the said year. This evidence

has not been disputed by the witness for the petitioner

Corporation in the present proceedings before the learned

Labour Court. Further, the petitioner Corporation has not

produced any evidence to contradict the claim of the respondent

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workman that he had worked upto 16.7.1998.

In view thereof, the learned Labour Court has come to the

conclusion that the deceased respondent workman has worked

from 1987 till 1998 as a full time sweeper and, accordingly, he is

entitled to the benefits thereof.

7. The findings of the learned Labour Court are based on

evidence on record as well as in view of the evidence given by the

witness of the petitioner Corporation who could not deny the

factual aspects which were brought on record by the respondent

workman. The findings of learned Labour Court cannot be

termed as perverse or contrary to record. Therefore, no

interference is called for in the impugned judgment and award.

In view thereof, the present Special Civil Application is

devoid of merits and is dismissed accordingly. Rule is

discharged. No order as to costs. Interim relief granted earlier

stands vacated forthwith.

Sd/-

(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN