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A. S. SUPEHIA, GITA GOPI
Savarkundla Municipality – Appellant
Versus
Yunusbhai Alibhai Saiyed – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. ADMIT. Learned advocates appear and waive service of notice of admission on behalf of the respective respondents.
2. The present group of appeals filed under Clause 15 of the Letters Patent, 1865 are directed against the identical but separate judgment and orders dated 16.04.2024 passed by the learned Single Judge rejecting the writ petitions filed by the appellant - Savarkundla Municipality assailing the awards passed by the Industrial Tribunal (for short, “the Tribunal”) in the reference proceedings.
3. The details of the employees, as supplied by the learned advocates appearing for the respective workmen, read as under : -
4. So far as the details of the employee of Letters Patent Appeal No.1426 of 2024 is concerned, the workman – Yunusbhai Alibhai Saiyed, who has been appointed on the post of Valveman/Pumpman on 17.02.2006, has raised the dispute in the year 2009 claiming regularization, which has been allowed by the Tribunal vide award dated 09.12.2022 passed in Reference (IT) No.34 of 2009, directing the appellant – Municipality to regularize the services of the workman as Pumpman w.e.f. 17.02.2006 (date of joining). Benefi
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 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 affirmed that failing to regularize employees engaged in continuous work constitutes unfair labor practice under 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.
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 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 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 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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