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HEMANT M. PRACHCHHAK
Lagdhir Mansibhai Karia – Appellant
Versus
Jamkhambhaliya Nagar Palika – Respondent
JUDGMENT :
1. Present petitions are filed by the respective petitioners under Article 226 and 227 of the Constitution of India for the following reliefs;
(B) That Your Lordships be further pleased to quash and set aside the Advertisement marked ANN.C and quashed and set aside the conditions laid down in the letter dated 17-4-2013, being illegal, arbitrary, against the Award passed by the Industrial Tribunal which has attained finality;
(C) Pending admission and final hearing of this petition, Your Lordships be pleased to direct the respondents to start paying regular salary in the time-scale of pay forthwith;
(D) Any other and such further relief as the Hon’ble court deems fit and proper in the interest of justice;”
2. As both the petitions are arising out of the same issue, the
The main legal point established in the judgment is the entitlement of long-serving employees to be treated as permanent regular employees and the inapplicability of new recruitment conditions to exi....
The Court upheld the entitlement of a workman to regularisation based on previous decisions and the principles of unfair labour practice.
Service Matter - Policy decision of Government - No sufficient and cogent reasons and grounds which would enable this Court to transgress the administrative power of the State Government by undertaki....
The duty of the employer to seek sanctioned set-up to accommodate workmen for permanency benefits when the work performed is of a perennial nature.
Unfair labour practices by the employer, failure to fill permanent posts when available, and the obligation of the employer to seek sanctioned set-up for regularisation.
The main legal point established in the judgment is that the failure of an employer to fill permanent posts, while continuing to employ workers on a temporary or daily wage basis, constitutes unfair ....
Unfair labour practices by the employer entitled the workman to be absorbed as a permanent employee.
The court upheld the Tribunal's awards for employee regularization, emphasizing the prohibition of unfair labor practices under the Industrial Disputes Act, while clarifying the need for state approv....
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