(PER : HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI) 1. We have heard Mr. H.S. Munshaw, learned counsel appearing for the appellant and Mr. Nirav C. Thakkar, learned counsel appearing for the respondents.
2. This group of Letters Patent Appeal have been filed challenging the judgment and order dated 16.2.2012 passed by the learned Single Judge in Special Civil Application No.16345 of 2011, 16346 of 2011, 16347 of 2011, 16348 of 2011, 16349 of 2011, 16350 of 2011 and 16351 of 2011, by which the award dated 30.7.2011 passed by the Labour Court, Junagadh directing reinstatement of the respondents without any back wages has been confirmed.
3. The Labour Court as well as the learned Single Judge both have come to the conclusion that the respondents have worked for 240 days in the preceding one year. This finding is not disputed by learned counsel for the appellant. The only prayer of the appellant is that instead of directing reinstatement of the workmen, the respondents – workmen be given some lumpsum compensation. This prayer of the appellant was rejected by the learned Single Judge on the ground that such a contention was not raised by the appellant before the Labour Court. Therefore, in absence of such a plea before the Labour Court, such request cannot be considered in the writ petition. The learned Single Judge has recorded a finding that it has not been established before him by the appellant that the work which was performed by the respondents – workmen was not available. In this view of the matter, the learned Single Judge has confirmed the findings recorded by the Labour Court.
4. We do not find any error either in the award passed by the Labour Court or in the order of the learned Single Judge. This Letters Patent Appeal is devoid of any merits and is accordingly dismissed.
5. In view of dismissal of appeals, Civil Applications do not survive and they are accordingly dismissed.
Sd/-
(V.M.SAHAI, J.) Sd/-
(S.G.SHAH, J.) Savariya