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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, GITA GOPI, JJ.
Savarkundla Municipality – Appellant
Versus
Yunusbhai Alibhai Saiyed & Anr. – Respondents
R/LETTERS PATENT APPEAL NO. 1426 of 2024, In R/SPECIAL CIVIL APPLICATION NO. 7179 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1426 of 2024 With R/LETTERS PATENT APPEAL NO. 1427 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7089 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1427 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7089 of 2022 With R/LETTERS PATENT APPEAL NO. 1428 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7175 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1428 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7175 of 2023 With R/LETTERS PATENT APPEAL NO. 1429 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 8736 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1429 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 8736 of 2022 With R/LETTERS PATENT APPEAL NO. 1430 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7189 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1430 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7189 of 2023 With R/LETTERS PATENT APPEAL NO. 1431 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7083 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1431 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7083 of 2022 With R/LETTERS PATENT APPEAL NO. 1432 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 19572 of 2021 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1432 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 19572 of 2021 With R/LETTERS PATENT APPEAL NO. 1433 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7181 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1433 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7181 of 2023 With R/LETTERS PATENT APPEAL NO. 1434 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 15284 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1434 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 15284 of 2023 With R/LETTERS PATENT APPEAL NO. 1435 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 15251 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1435 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 15251 of 2023 With R/LETTERS PATENT APPEAL NO. 1436 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7176 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1436 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7176 of 2023 With R/LETTERS PATENT APPEAL NO. 1440 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 9205 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1440 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 9205 of 2022 With R/LETTERS PATENT APPEAL NO. 1441 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7184 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1441 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7184 of 2023 With R/LETTERS PATENT APPEAL NO. 1442 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7085 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1442 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7085 of 2022 With R/LETTERS PATENT APPEAL NO. 1443 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 15243 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1443 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 15243 of 2023 With R/LETTERS PATENT APPEAL NO. 1444 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7132 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1444 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7132 of 2022 With R/LETTERS PATENT APPEAL NO. 1445 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 568 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1445 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 568 of 2022 With R/LETTERS PATENT APPEAL NO. 1446 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7131 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1446 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7131 of 2022 With R/LETTERS PATENT APPEAL NO. 1447 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7187 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1447 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7187 of 2023 With R/LETTERS PATENT APPEAL NO. 1448 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 15247 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1448 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 15247 of 2023 With R/LETTERS PATENT APPEAL NO. 1449 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7088 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1449 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7088 of 2022 With R/LETTERS PATENT APPEAL NO. 1487 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 504 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1487 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 504 of 2022 With R/LETTERS PATENT APPEAL NO. 1488 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 19786 of 2021 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1488 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 19786 of 2021 With R/LETTERS PATENT APPEAL NO. 1494 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 501 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1494 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 501 of 2022 With R/LETTERS PATENT APPEAL NO. 1495 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 19571 of 2021 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1495 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 19571 of 2021 With R/LETTERS PATENT APPEAL NO. 1401 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7063 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1401 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7063 of 2022 With R/LETTERS PATENT APPEAL NO. 1402 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7182 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1402 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7182 of 2023 With R/LETTERS PATENT APPEAL NO. 1403 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 19785 of 2021 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1403 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 19785 of 2021 With R/LETTERS PATENT APPEAL NO. 1396 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7086 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1396 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 7086 of 2022
Decided on : 14-10-2024
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). Benefits such as salary grade and other benefits of seniority, promotion, gratuity and other retirement benefits shall be awarded from 17.02.2006. The period, from the date of joining till the date of reference, is to be considered as notional and no arrears shall be paid for that period.
5. So far as the details of the employee of Letters Patent Appeal No.1427 of 2024 is concerned, the workman – Hareshbhai Batukbhai Rathod, who has been appointed on the post of Valveman on 01.07.2005, has raised the dispute in the year 2009 claiming regularization, which has been allowed by the Tribunal vide award dated 29.11.2021 passed in Reference (IT) No.6 of 2009, directing to get sanction for the post of Valveman/Pumpman within 6 months from the competent authority, to regularize services of the workman as Valveman from 01.07.2005. The benefits of seniority, such as salary grade and other benefits of seniority, promotion, gratuity and other retirement benefits shall be awarded from 01.07.2005. The Tribunal has further directed that the service of the respondent-workman from 01.07.2005 (date of joining) to 29.11.2021 (date of award) is to be considered as notional and no arrears shall be paid to this period.
6. So far as the details of the employee of Letters Patent Appeal No.1428 of 2024 is concerned, the workman – Rameshbhai Ukabhai Makwana, who has been appointed on the post of Valveman/Pumpman on 01.11.2009, has raised the dispute in the year 2011 claiming regularization, which has been allowed by the Tribunal vide award dated 09.12.2022 passed in Reference (IT) No.73 of 2011, directing the appellant – Municipality to grant benefit of regularization to the respondent – workman as Pumpman from 01.11.2009 (date of joining). The benefits such as salary grade and other benefits of seniority, promotion, gratuity and other retirement benefits shall be awarded from the date of joining. The period, from the date of joining till the date of reference, is to be considered as notional and no arrears shall be paid for that period.
7. So far as the details of the employee of Letters Patent Appeal No.1429 of 2024 is concerned, the workman – Rajubhai Bhupatbhai Gohil, who has been appointed on the post of Driver on 01.06.2005, has raised the dispute in the year 2009 claiming regularization, which has been allowed by the Tribunal vide award dated 21.12.2021 passed in Reference (IT) No.31 of 2009, directing the appellant - Municipality to grant the benefit of regularization to the respondent/workman as Driver from 01.06.2005 (date of joining). The benefits such as salary, grade and other benefits of seniority, promotion, gratuity and retirement benefits shall be awarded from 01.06.2005. The period, from the date of joining till the date of award, is to be considered as notional and
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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