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M. K. THAKKER
Madhabhai Mansurbhai Khimsuriya – Appellant
Versus
District Development Officer – Respondent
JUDGMENT :
M. K. THAKKER, J.
1. Rule, returnable forthwith. Learned advocates for the respondents in SCA No.14661 of 2022 as well as in SCA No.16901 of 2022 waives service of notice of Rule on behalf of respondent.
2. This petition being SCA No.14661 of 2022 is filed by the workman challenging the judgment and award passed by the learned labour court, Bhavnagar in reference IT No.71 of 2016 to the extent of denial of arrears of pay for the entire length of service from 21.06.1999 to the date of order.
3. The petition being SCA No.16901 of 2022 is filed by the employer-Panchayat challenging the impugned award directing the employer to regularize the service of the present workman with effect from 21.06.1999 as a Driver and granting the benefit of regularization as well by directing to grant the benefit of permanent employee from 21.06.1999 to 14.02.2022 to be treated as notional and thereafter, the actual benefit were granted.
4. The gist of the case is that, employer-Panchayat has published an advertisement on the notice board about the vacancy for the post of driver, pursuant to the said advertisement the workman had applied and was called for the interview and thereafter, he was selec
The court affirmed that prolonged employment without regularization constitutes unfair labor practice, mandating permanent status and equal pay for work of similar nature.
Regularization of service requires proof of unfair labor practices; long service alone does not confer entitlement without due procedure.
Employers cannot deny regularization to employees engaged in perennial work, regardless of claims of temporary employment, as such practices violate statutory obligations and constitute unfair labor ....
The court affirmed that prolonged employment of daily wagers without regularization constitutes unfair labor practice, necessitating their regularization under the Industrial Disputes Act.
The court upheld the Tribunal's awards for employee regularization, emphasizing the prohibition of unfair labor practices under the Industrial Disputes Act, while clarifying the need for state approv....
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 the workman, the power of the Labour Court to grant relief, and the legal principles related to unfair labour practices and regularisation.
Labour Law – Unfair labour practice - when similarly situated workmen have been grated permanency by the University, non-granting of the same to the present workmen is nothing but an unfair labour pr....
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 municipality's actions constituted unfair labor practice, justifying the regularisation of the respondent-workman's service. The court emp....
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