The above matters were fixed for hearing today and in the order it was wrongly mentioned the date as 07.05.2012. In fact the matters are listed today and therefore they are taken up for hearing.
1.0 By way of present petitions, the petitioner has challenged the judgement and award dated 07.07.2011 passed by the learned Labour Court, Amreli in Reference LCA No. 10 of 2006, judgement and award dated 06.07.2011 passed in Reference LCA No. 7 of 2006, and judgement and award dated 05.07.2011 passed in LCA No. 11 of 2006.
2.0 Heard learned advocates for the respective parties.
3.0 The respondent No. 1 of each petition were appointed on the post of Sweeper-cum-water woman on temporary basis in the respondent No. 2 school. Their services were terminated since there was no sanctioned post either permanent or daily wager available. They raised the dispute before the Labour Court by way of reference being LCA No. 10 of 2006, Reference LCA No. 7 of 2006 in Reference LCA No. 11 of 2006. The Labour Court, Amreli passed the order directing the petitioner to reinstate the respondents on their original posts and in lieu of back-wages an amount of Rs. 50000/- each has been awarded. Hence, the present petitions.
4.0 Learned advocate appearing for the petitioner submitted that this Court in case of Amreli Municipality v. Gujarat Pradesh Municipal Employees Union, reported in 2004(2) GLH 692, held that any appointment which is made dehorse the recruitment rules are nothing but backdoor entry and therefore, no protection is available to such employees. He further submitted that the Full Bench has observed that in case of casual or daily rated workers whose services are not required by the local bodies, they should be relieved on the principle of last come, first go.
5.0 Considering the evidence on record, it is found that out of three respondents, some of them have attained the age of superannuation. Considering overall facts and circumstances of the case, ends of justice would be served by paying the lumpsum compensation of Rs.75000/- each in all which will be inclusive of Rs. 50000/- compensation which has been deposited by the petitioner in each of the case. That amount will be paid to the respondents and additional amount of Rs. 25000/- will be paid within a period one month from the date of the receipt of the order. If the amount is not deposited within the stipulated period, the petitioner will pay interest from the date of respective awards. Therefore, the petitioner will pay interest at the rate of 12% per annum from 11.08.2011 till deposit. Order of the Labour Court is substituted accordingly. The cheque will be issued in the name of each of the respondent.
6.0 With the above, petitions stand disposed of. Direct service to both the sides is permitted.
(K.S.JHAVERI, J.) niru* Top