Judgment :-

H.L. Dattu, J.

Leave granted.

2) This is an appeal against the judgment and order of the Gujarat High Court in S.C.A.

No. 29355 of 2007 dated 30.11.2007. By the impugned judgment, the court has affirmed the award passed by the labour court, Junagadh, in Reference Case No. 192 of 1995 dated 14th May, 2007, wherein and whereunder the labour court has directed the employer to reinstate the workman into service with 20% back wages.

3) The facts in brief are : The Fisheries Terminal Department; (`F.T.D. for short), the appellant herein, had come into existence sometime in the year 1976. The activities of

F.T.D. inter alia consisted of providing landing facilities for catching fish in a clean and hygienic condition and for that purpose, services of daily wage workmen were utilized as and when it was needed. While this practice was going on, the State Government by its order dated 17.10.1988, directed all the departments of the State Government to discontinue the practice of engaging the services of daily wage workmen and in lieu of it to hire labourers on contractual basis.

4) The claim of the workman before the labour court was that he was employed by the appellant on 1.12.19