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MAUNA M. BHATT
Savarkundla Municipality – Appellant
Versus
Hareshbhai Ramjibhai Vinzuda – 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.77 of 2011 wherein, the petitioner was directed to grant benefit of regularisation to the respondent- workman from 07.07.1998 (date of joining). Benefits such as salary grade and other benefits of seniority, promotion, gratuity and other retirement benefits shall be awarded from 07.07.1998. The period, from the date of joining till the date of reference, is to be considered as notional and no arrears shall be paid for that period.
3. Facts, in brief, as referred in the petition, are as under: The respondent-workman was working as Clerk with Municipality from 07.07.1998 as Daily wager. For his regularisation, he raised dispute before Industrial Tribunal registered as Reference (IT) No.77 of 2011. 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 07.07.1998 (date of joining). Benefits such as salary grade and
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 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....
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.
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 practices entitle a workman to be absorbed as a permanent employee, and the failure to provide sanctioned posts does not absolve the employer from its obligations.
The Court upheld the entitlement of a workman to regularisation based on previous decisions and the principles of unfair labour practice.
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 central legal point established in the judgment is the obligation of the employer to absorb workmen as permanent employees when posts are available, based on the principles of unfair labor practi....
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