( 1 ) HEARD learned counsel for the petitioner as well as Mr. Rathod who has appeared for the caveator respondent No. 1 representing the four workmen, namely, Mukesh Karsanbhai Vora, Tarun Kumar J. Acharya, Dinesh D. Vaaghela and Bakul G. Maru.

( 2 ) THE petition is against the award of the Industrial Tribunal, Gujarat, Rajkot dated 5. 6. 98. A reference was made to the Tribunal at the instance of respondents whether the four workmen out of whom except DD Vaghela are working on the establishment of the petitioner for more than five years and all the four workmen have completed 240 days service in the calendar year, in these circumstances, whether they are entitled to be made permanent and other benefits attached to such status? Out of the four workmen, two workmen, namely, TJ Acharya and MK Vora have worked as wireman whereas DD Vaghela and BG Mearu have worked as helper wiremen. The order of reference also speaks that these workmen are qualified for the post. The petitioner-employer had contested the claim of the workmen to regularisation inter alia on the ground that there are no posts and there is no permanent nature of work available, and the concerned workmen are appointed only casually to discharge casual duties.

( 3 ) ON enquiry considering the material before it, the Tribunal found that looking to the needs of the establishment there is permanent requirement of atleast five persons to work as wiremen. Against such requirement only two persons were working permanently out of whom also one B. M. Nakun died in July 1996. Thus finding that existence of permanent nature of work on the establishment for five persons to discharge the duties of wireman against need of five and that all the workmen are qualified workmen, and are working for long periods, Mr. MK Vora since 1. 1. 1986, Mr. TJ Acharya since March 1987, Mr. DD Vaghela since 1990 and Mr. BG Mearu since May 1987, and that the other workmen of the petitioner have been granted benefit of permanency and regular payment in the time scale of pay under different settlements not governing this class of workmen, the Tribunal has ordered that TJ Acharya and MK Vora be regularised on permanent posts as wireman with effect from 1. 1. 1996 and the other two workmen, namely, DD Vaghela and BG Mearu be regularised and made permanent as helper wireman with effect from 1. 1. 1996 with consequential reliefs flowing from status of permanency, namely, fixing in the permanent pay scale and appended benefits thereto.

( 4 ) LEARNED counsel appearing for the petitioners has argued that the Tribunal has not taken into consideration the resolution of the Board of Directors of the petitioner Corporation dated 27/06/1991 laying down the criterion for regularisation of casual workmen, which inter alia directs regularisation of skilled workmen on completion of ten years of continuous service and different period have been prescribed for regularisation in the category of semiskilled and unskilled daily rated workmen. It has been also argued that regularisation in the present circumstances would mean back door entry to these four workmen in violation of Article 16 of the Constitution of India.

( 5 ) MR. Rathod for the respondent urges that petitioner had never placed on record or pleaded for giving effect to the resolution of the Corporation now sought to be pressed into service and therefore this new plea ought not to be entertained at this stage which is founded on a material which was not before the Tribunal. He also urged that the order is otherwise just. The Tribunal has found the existence of permanent nature of the work, the number of persons required in the establishment, the number of persons already employed permanently against the existence of such work, and keeping in view all these the Tribunal has passed a just order which ought not to be interfered in exercise of extraordinary jurisdiction. He also urged that continuing a person for long duration without granting a perma