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MAUNA M. BHATT
Savarkundla Municipality Through Chief Officer (Girishbhai Ratabhai Sariaya) – Appellant
Versus
Kalubhai Velabhai Beradiya – Respondent
JUDGMENT :
1. Rule. Mr.Jeet Rajyaguru, learned advocate waives service of Rule on behalf of respondent – workman and Mr.Pranav Dhagat, learned AGP waives service of Rule for respondent No.4.
2. Municipality as petitioner has filed this petition challenging an award of Industrial Tribunal dated 29.11.2021, in Reference (IT) No.28 of 2009 wherein, the petitioner was directed to grant benefit of regularisation to the respondent- workman from 01.06.1993 (date of joining). Benefits such as salary grade and other benefits of seniority, promotion, gratuity and other retirement benefits shall be awarded from 01.06.1993. The period, from the date of joining till the date of award, is to be considered as notional.
3. Facts, in brief, as referred in the petition, are as under: The respondent-workman was working as Driver with Municipality from 01.06.1993 as Daily wager. For his regularisation, he raised dispute before Industrial Tribunal registered as Reference (IT) No.28 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 01.06.1993 (date of joining). Benef
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, 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....
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.
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.
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....
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 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.
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