1. By way of this petition the petitioner has challenged the order dated 14th August 2003, passed by the Learned Labour Court, Anand in Ref. (LCA) No. 833 of 1992 and Ref. (LCA) No. 29 of 1993, directing the petitioner to reinstate the respondent workman in service with 70% back wages and with continuity in service.
2. Learned counsel for the petitioner submits that the respondent workman was appointed as a casual labour on the daily wage basis as and when the need arose and was paid the wages as admissible under the Minimum Wages Act.
2.1 The services of the respondent workman was discontinued in the year 1982. Against the same, the respondent workman had raised an industrial dispute contending that his services was illegally terminated. During the pendency of reference, the respondent was once again taken in service on 9th March 1992 and on the same day was retrenched from service by paying one month's notice pay.
3. Learned counsel for the petitioner contended that the learned Labour Court has committed an error in directing the petitioner to reinstate the respondent-workman in service with 70% of back wages.
4. Learned counsel for the respondent Mr. ND Songara supported the order passed by the learned Labour Court. He submitted that the order passed by the learned Labour Court is just and proper and no interference is called for by this Court.
5. I have heard learned counsel for the parties.
5.1 It is an admitted fact that the respondent workman was appointed as daily wager. The learned Labour Court has directed the petitioner to restore the respondent to his original position with 70% of back wages and continuity in service, without any cogent reason learned Labour Court has not considered that the respondent was working as daily wager.
6. Respondent workman is reinstated only as a daily wager , earlier period will be considered only for regularization of service from daily wager to work-charge employee. Direction to give back wages to the respondent workman is quashed and set-aside no reasons are assigned and daily wager is contractual employment. To the aforesaid extent the order of the learned Labour Court is modified.
7. With the aforesaid observation the petition is allowed accordingly.
Rule made absolute to the aforesaid extent.
Deepak (K.S.JHAVERI, J.)