( 1 ) THIS petition is directed against an award of the Labour Court Rajkot whereby the workmen who have completed five years of service as on 1-1-1983 as per the seniority list Ex. 26 are ordered to be made permanent with effect from 1-1-1983 and those who have completed five years of service after 1-1-1983 are ordered to be made permanent with effect from the respective dates when they completed five years of service. The employer being aggrieved by granting of this demand of permanency has challenged this award.

( 2 ) THE learned Counsel for the petitioner-Management has submitted that the Labour Court has relied on the Government Resolutions Ex. 16 and 17 for making these workmen permanent. However according to the petitioner-Management those Circulars have been thoroughly misread and misapplied by the Labour Court. According to the petitioner-Management under those Circulars the daily wagers who are working on nominal muster roll are to be brought on work charge establishment and it only provides that after minimum service of five years as daily rated workers on nominal muster roll such persons will become eligible for being taken on work charge establishment.

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