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M. K. THAKKER
Barwala Municipality Through Its Chief Officer Prarthna Rahod D/o Parakramsinh Rahevar – Appellant
Versus
Akhil Gujarat General Majdur Sangh – Respondent
JUDGMENT :
M. K. Thakker, J.
1. Rule returnable forthwith. Learned advocate Mr.Yogen Pandya waives service of rule on behalf of respondent no.1.
2. This petition is filed under Article 14, 19 and 226 and 227 of the Constitution of India challenging the judgment and award dated 12.12.2019 passed by the learned labour court in reference LCA D No.27 of 2005 whereby, the directions were issued to regularize the service of four workers namely Manguben Jivanbhai, Nanduben Mukeshbhai, Rameshbhai Keshabhai and Labhuben Manubhai on completion of 10 years on their original post.
2.1. The respondent-Union raised the dispute before the Assistant Commissioner of labour for 24 daily wager sweepers to regularize the service as well as to give benefit of permanency. On failure of conciliation proceedings, the matter was referred by the learned Assistant Commissioner of labour for adjudication to the learned labour Court and same was registered as reference LCA D No.27 of 2005 to decide the terms of reference. During the pendency of the reference, the application below Exh.46 came to be filed by the Union restricting the claim for only four workers out of 24 workmen. Learned labour Court has allowed th
Long-term service and performance of duties similar to regular employees justify the regularization of daily wage workers, regardless of initial irregular appointment procedures.
The court emphasized fair treatment and equal pay, mandating regularization of long-serving employees who were arbitrarily excluded from benefits, thereby reinforcing principles of equality under Art....
Long continuous service (>10 years) as daily wagers on perennial essential duties entitles regularization consideration despite irregular initial engagement; distinguishes irregular from illegal appo....
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