JUDGMENT :

1. The present petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioner - Anand Agricultural University challenging the impugned award dated 17.07.2009 passed by the Labour Court, Dahod in Reference (LCD) (Demand) No.1 of 2008 (Old Reference (LCG) (Demand) No.8 of 1996), whereby the Labour Court has allowed the reference filed by the workmen and directed the employer to treate the concerned workman as permanent from 1990 and to pay Dearness Allowance, House Rent Allowance, Medial Allowance, benefit of leave encashment etc and also granted Rs.5,000/- to each as cost.

2. For the sake of brevity and convenience, the parties are referred to as the “employer” and the “workmen”.

3. The main grounds for challenging the impugned award are that the workmen were engaged as daily rated unskilled field labourers as and when the work was available and were being paid minimum wages as fixed by the State Government from time to time under the provisions of the Minimum Wages Act. It is contended by the employer that the workmen are not possessing the requisite qualifications for the post in question and are not engaged / appointed on the sanctione