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A. S. SUPEHIA, GITA GOPI
Savarkundla Municipality – Appellant
Versus
Ishmailbhai Hasambhai Jhankhra – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. ADMIT. Learned advocate Mr. I. G. Joshi, waives service of notice of admission on behalf of the respondent No.1.
2. The present appeal filed under Clause 15 of the Letters Patent, 1865 is directed against the common oral order dated 12.10.2023 passed by the learned Single Judge rejecting the writ petition filed by the appellant - Savarkundla Municipality assailing the award dated 30.07.2018 passed by the Industrial Tribunal, Bhavnagar (for short, “the Tribunal”) in Reference (IT) No.99 of 1999 directing the appellant – Municipality to absorb two Fitters, one Mr.Ismail Hasambhai Jhankhra and Mr.Mehbobbhai Musabhai Jhankhra on the regular posts. The Reference (IT) No.99 of 1999 was partly allowed and they were directed to be made regular and for the intervening period, the Tribunal has directed that the period shall be treated as notional and no arrears are granted. So far as the date of appointment as Fitter is concerned; (i) Mr.Ismail Hasambhai Jhankhra is appointed on 28.04.1995 and (ii) Mr.Mehbobbhai Musabhai Jhankhra is appointed on 28.04.1997. The same are not disputed.
3. The workmen, who are engaged as Fitter in the Water
The court affirmed that failing to regularize employees engaged in continuous work constitutes unfair labor practice under the Industrial Disputes Act, 1947.
The court upheld the Tribunal's order for regularization of workers, finding the Municipality's prolonged employment practices constituted unfair labor practices under the Industrial Disputes Act.
The court upheld the Tribunal's order for regularization of employees, citing unfair labor practices by the Municipality in retaining them on temporary wages despite available posts.
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 affirmed that prolonged employment of daily wagers without regularization constitutes unfair labor practice, necessitating their regularization under the Industrial Disputes Act.
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....
The main legal point established in the judgment is that the failure to regularise the service of a workman, despite the availability of vacant posts, constitutes unfair labor practices under Section....
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