A. S. SUPEHIA, GITA GOPI
Savarkundla Municipality – Appellant
Versus
Punjabhai Lakhabhai Karet – 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.98 of 1999 directing the appellant – Municipality to absorb three Bore Operators, Mr.Punjabhai Lakhabhai, Mr.Kamleshbhai Devabhai and Mr.Ketanbhai Ratnabhai on the regular posts. The Reference (IT) No.98 of 1999 was partly allowed and they were directed to be made regular from the date of filing reference w.e.f. 18.09.1999 and for the intervening period, the Tribunal has directed that the period from 18.09.1999 till the date of award shall be treated as notional and further it was directed to consider the period from 10.07.1996 to 10.06.1996 for calculating the senior, promotion and retirement benefits including the gratuity and qua Kamleshbhai Devab
Maharashtra SRTC vs. Casteribe Rajya P. Karmchari Sanghatana [(2009) 8 SCC 556]
Vibhuti Shankar Pandey Vs. State of Madhya Pradesh and others
U.P.Power Corporation Ltd. vs. Bijli Mazdoor Sangh and Others [(2007) 5 SCC 755]
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 order for regularization of workers, finding the Municipality's prolonged employment practices constituted unfair labor practices under the Industrial Disputes Act.
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 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 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 accommodate the workman, the power of the Labour Court to grant relief, and the legal principles related to unfair labour practices and regularisation.
The obligation of the employer to accommodate and adjust its employees, the prohibition against unfair labor practices under Section 25T of the Industrial Disputes Act 1947, and the unfair labor prac....
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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