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MAUNA M. BHATT
Savarkundla Municipality – Appellant
Versus
Late Sureshbhai Ravjibhai Kodawala Lhs Of Decd. Rekhaben Sureshbhai Kodawala – Respondent
JUDGMENT :
1. Rule. Mr.Divyesh Sejpal, learned advocate waives service of Rule on behalf of respondent No.1 and Ms.Suman Motla, learned AGP waives service of Rule on behalf of respondent No.3.
2. Municipality as petitioner has filed this petition challenging an award of Industrial Tribunal Bhavnagar, dated 25.01.2022, in Reference (IT) No.59 of 2011 wherein, the petitioner was directed to grant benefit of regularisation to the respondent-workman from the date of joining till the date of his death i.e. 31.12.2020. It was also directed that all consequential benefits from the date of regularisation till the date of his death with arrears from 05.02.2011 to 31.12.2020 shall be given to legal heir (widow) of the deceased. Benefits such as salary grade and other benefits of seniority, promotion, gratuity and other retirement benefits shall be awarded from 01.02.2008. The period, from the date of joining i.e. 01.02.2008 till 05.02.2011, is to be considered as notional and arrears are directed to be paid from 05.02.2011 to 31.12.2020 to the legal heir (widow) of the deceased.
3. Facts, in brief, as referred in the petition, are as under:
The respondent-workman was working as Driver with Mu
Unfair labour practices by the employer entitled the workman to be absorbed as a permanent employee.
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.
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 award for the regularisation of a municipal worker, affirming that failure to fill permanent posts constitutes unfair labor practice, justifying regularisation despite initial ir....
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....
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 entitle workers to be absorbed as permanent employees, and the obligation of the employer to seek sanctioned set-up for regularisation.
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....
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