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MAUNA M. BHATT
Savarkundla Municipality – Appellant
Versus
Kadarbhai Sulemanbhai Sama – Respondent
| Table of Content |
|---|
| 1. service rule waiver (Para 1) |
| 2. employment regularisation challenge (Para 2 , 3) |
| 3. arguments on employment conditions (Para 4 , 5) |
| 4. precedents in employment regularisation (Para 6) |
| 5. determining fair labor practice (Para 7) |
| 6. rejection of review application (Para 8 , 9) |
| 7. final judgment dismissal (Para 10) |
JUDGMENT :
1. Rule. Ms.Sidhhi Vadodariya, learned advocate waives service of Rule on behalf of respondent – workman. Ms. Suman Motla, learned AGP waives service of Rule on behalf of respondent-State.
2. Municipality as petitioner has filed this petition challenging an award of Industrial Tribunal dated 30.01.2023, in Reference (IT) No.74 of 2011 wherein, the petitioner was directed to grant benefit of regularisation to the respondent- workman from 01.05.2008 (date of joining). Benefits such as salary grade and other benefits of seniority, promotion, gratuity and other retirement benefits shall be awarded from 01.05.2008. 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 V
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 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.
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 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.
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 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.
Unfair labour practices entitle workers to be absorbed as permanent employees, and the obligation of the employer to seek sanctioned set-up for regularisation.
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