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A. S. SUPEHIA, GITA GOPI
Junagadh Agricultural University – Appellant
Versus
Dheliben Vikrambhai Odedara – Respondent
JUDGMENT :
(A.S. Supehia, J.)
1. The present Letters Patent Appeal, under Clause 15 of the Letters Patent, 1865 emanates from the judgment and order dated 26.10.2015 passed by the learned Single Judge in the caption writ petition, assailing the award passed by the Industrial Tribunal, Rajkot in Reference (IT) No.192 of 2003 dated 22.02.2013. The appellant-University had assailed the said award, whereby the Tribunal had directed the University to regularize the respondent with effect from 01.05.2005.
2. The respondent was engaged as a daily rated labourer in the year 1977 and she was terminated in the year 1990, which culminated into reference proceedings being Reference No.1135 of 1990. The Labour Court, by the award dated 06.12.1995 ordered reinstatement with 25% back-wages, which has become final. Thereafter, she was reinstated in service. The Labour Court, in view of the Policy/Scheme of the appellant-University, has directed regularisation of the respondent with effect from 01.05.2005.
3. Learned advocate Mr. D.G. Chauhan appearing for the appellant-University has submitted that the Labour Court has no jurisdiction to order regularisation of the respondent workman in light of Th
Employees with over ten years of service are entitled to regularization under the approved scheme, despite arguments against retrospective application.
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....
Employees engaged in irregular appointments may be entitled to regularisation if they have served continuously and their appointments were not illegal.
Long-term service of daily-wage employees justifies regularization without state approval, and previous benefits under welfare legislation do not prevent such regularization.
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 court established that continuous service post-reinstatement qualifies an employee for regularization, despite prior court intervention.
The main legal point established in the judgment is the entitlement to regularization and equal pay for employees who have completed five years of continuous service, as per the Dhrubananda Mishra ju....
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