H.K.RATHOD
District Development Officer – Appellant
Versus
Secretary Bharatiya Mazdoor Sangh – Respondent
H.K. Rathod, J.—Heard learned Advocate Mr. Pranav V. Shah for petitioner and Mr. T.R. Mishra for the respondent workman. In this petition under Article 227 of the Constitution of India, the petitioner DDO, District Panchayat, Bhavnagar has challenged the award made by the Labour Court Bhavnagar in Reference (LDC) No. 31 of 1998 dated 20.03.2006 wherein the Labour Court has partly allowed the reference and granted benefit of permanency after completion of the period of three years from the date of joining to respondent workman as a peon and granted difference of salary, allowance and other benefits with effect from 03.08.1998. Labour Court has also directed that the period from 02.04.1991 to 03.08.1998 should be considered as notional and respondent will not be entitled for any amount of arrears for said interim period but for the purpose of seniority, promotion, increments and retirements, full time employment from 02.04.1991 should have to be taken into account. Under the said award, Labour Court has awarded cost of Rs. 500.00. Learned Advocate Mr. Shah submitted that the Labour Court has committed error in granting benefit of permanency to the workman. He also submitted t
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