Back
MAUNA M. BHATT
Savarkundla Municipality – Appellant
Versus
Nathabhai Bhagvanbhai Makwana – Respondent
JUDGMENT :
1. Rule. Though served, none appeared for the respondents. However, considering the fact that the issue involved in this petition is identical to Special Civil Application No.15247 of 2023, this petition is also heard and decided finally today.
2. Municipality as petitioner has filed this petition challenging an award of Industrial Tribunal dated 30.01.2023, in Reference (IT) No.78 of 2011 wherein, the petitioner was directed to grant benefit of regularisation to the respondent- workman from 01.04.2008 (date of joining). Benefits such as salary grade and other benefits of seniority, promotion, gratuity and other retirement benefits shall be awarded from 01.04.2008. The period, from the date of joining till the date of reference i.e. 31.05.2011, 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 Valveman/Pumpman with Municipality from 01.04.2008 as Daily wager. For his regularisation, he raised dispute before Industrial Tribunal registered as Reference (IT) No.78 of 2011. Upon adjudication, Reference came to be allowed in favour of the respondent-
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 ....
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 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 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 practices entitle workers to be absorbed as permanent employees, 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....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
