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MAUNA M. BHATT
Savarkundla Municipality – Appellant
Versus
Ahemadbhai Kasambhai Zankhara – Respondent
JUDGMENT :
1. Rule. Mr.Nachiket Mehta, learned advocate waives service of Rule on behalf of respondent - workman.
2. Municipality as petitioner has filed this petition challenging an award of Industrial Tribunal dated 09.12.2022, in Reference (IT) No.33 of 2009 wherein, the petitioner was directed to grant benefit of regularisation to the respondent- workman from 01.11.2001 (date of joining). Benefits such as salary grade and other benefits of seniority, promotion, gratuity and other retirement benefits shall be awarded from 01.11.2001. The period, from the date of joining till the date of reference, is to be considered as notional and no arreas shall be paid for that period.
3. Facts, in brief, as referred in the petition, are as under: The respondent-workman was working as Valveman/Pumpman with Municipality from 01.11.2001 as Daily wager. For his regularisation, he raised dispute before Industrial Tribunal registered as Reference (IT) No.33 of 2009. Upon adjudication, Reference came to be allowed in favour of the respondent-workman and the petitioner was directed to grant benefit of regularisation to the respondent-workman from 01.11.2001 (date of joining). Benefits such as salary g
The obligation of the employer to absorb workmen as permanent employees when unfair labour practices are identified, and the duty of the employer to seek sanctioned set-up to accommodate workmen for ....
Unfair labour practice entitles the workman to be absorbed as a permanent employee when the employer avoids filling permanent posts and continues to employ workers on temporary or daily wage basis.
Unfair labour practices entitle workers to be absorbed as permanent employees when the employer avoids filling permanent posts and continues to employ workers on temporary or daily wage basis.
The obligation of the employer to fill permanent posts and the unfair labor practices involved in keeping employees on temporary or daily wage basis entitles the workman to be absorbed as a permanent....
The duty of the employer to seek sanctioned set-up to accommodate the workman for regularisation, and the entitlement of the workman to be absorbed as a permanent employee in case of unfair labour pr....
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 Court upheld the entitlement of a workman to regularisation based on previous decisions and the principles of unfair labour practice.
The regularization of daily wage workers is justified when employers exploit temporary employment without filling available permanent posts, constituting an unfair labor practice.
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