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2004 Supreme(Guj) 412

ANIL R.DAVE, K.R.VYAS, K.S.JHAVERI
AMRELI MUNICIPALITY – Appellant
Versus
GUJARAT PRADESH MUNICIPAL EMPLOYEES UNION – Respondent


Advocates Appeared: T.R.MISHRA, TUSHAR MEHTA

KSHITIJ R. VYAS, J.

( 1 ) THIS group of petitions has been referred to us in view of different observations of two Division Benches on the point as to whether the Labour Court/ Industrial tribunal can order regularisation of services to a local authority which is a public body in which there is no availability of sanctioned set up as per the provisions of Municipalities Act. 1. 1 the learned Single Judge, while hearing Special civil Application No. 5646 of 1999 and Special Civil application No. 5750of 1999, was shown two different views expressed by Division Bench in the case of Kalol municipality Vs. Shantaben, reported in 1993 (2) GLR 997 and in the case of Halvad Nagarpalika and ors. Vs. Jani dipakbhai Chandravadanbhai and ors. , reported in (2003) 2 ghcj 397. 1. 2 in Special Civil Application NO. 5746 of 1999, the petitioner Amreli Municipality has challenged the legality and validity of award dated 12. 3. 1999 passed by the Industrial Tribunal, Bhavnagar in Reference (IT) No. 85 of 1993, 99 of 1993, 100 of 1993 and 101 of 1993. By the impugned award, the Tribunal directed regularisation of concerned workmen. The concerned workmen were ordered to be made permanent on completion













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