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MAUNA M. BHATT
Savarkundla Municipality – Appellant
Versus
Prashantkumar Rajendrabhai Mehta – Respondent
JUDGMENT :
1. Rule. Mr.Jeet Rajyaguru, learned advocate waives service of Rule on behalf of respondent-workman.
2. The petitioner-municipality has filed this petition challenging an award dated 05.10.2021 of Industrial Tribunal in Reference (IT) No.79 of 2012 wherein, the petitioner was directed to regularise the service of respondent-workman from 03.06.2010. Benefits of seniority, such as salary grade and other benefits of seniority, promotion, gratuity and other retirement benefits shall be awarded from 03.06.2010. Labour Court directed that the service of respondent-workman from 03.06.2010 (date of joining) to 05.10.2021 (date of award) is to be considered as Notional and no arrears shall be paid for this period.
3. Heard Mr.Vivek Bhamare, learned advocate for the petitioner and learned advocate for the respondent- workman.
4. Mr.Vivek Bhamare, learned advocate for the petitioner- municipality submitted that award of the Industrial Tribunal is erroneous because the award amounts to creation of post of Computer Operator and thereafter to regularise his service by making necessary representation/ requisition before the appropriate authority. Creation of post is not permissible under t
The obligation of the employer to regularise the service of workmen and the prohibition against unfair labour practices under Section 25T of the Industrial Disputes Act 1947.
The obligation of the employer to accommodate and adjust its employees, the prohibition against unfair labor practices under Section 25T of the Industrial Disputes Act 1947, and the unfair labor prac....
The main legal point established in the judgment is that the municipality's actions constituted unfair labor practice, justifying the regularisation of the respondent-workman's service. The court emp....
The obligation of the employer to accommodate the workman, the power of the Labour Court to grant relief, and the legal principles related to unfair labour practices and regularisation.
The central legal point established in the judgment is that the employer's failure to fill permanent posts and continuing to employ workers on a temporary basis amounts to unfair labour practice, as ....
The main legal point established in the judgment is that the failure to regularise the service of a workman, despite the availability of vacant posts, constitutes unfair labor practices under Section....
The court upheld the Tribunal's order for regularization of employees, citing unfair labor practices by the Municipality in retaining them on temporary wages despite available posts.
The court upheld the Tribunal's order for regularization of workers, finding the Municipality's prolonged employment practices constituted unfair labor practices under the Industrial Disputes Act.
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