Entitlement to regularisation and modification of award based on the availability of sanctioned posts.

( 1 ) BY means of this writ petition. Nagar Palika, Ghaziabad through its Executive Officer has challenged the award of the Labour Court-II, Ghaziabad in Adjudication Case No. 292 of 1989 wherein the following dispute was referred to the labour court :. . (VERNACULAR MATTER OMMITED ). .

( 2 ) THE aforesaid reference was answered by the labour court in favour of the workmen by holding that the workmen are entitled for regularisation. It is stated at the bar that during the pendency of the writ petition, all the workmen who are respondents in this writ petition, have been regularised as the posts have been sanctioned. It is made clear that the labour court awarded regularisatlon to the workmen from the date of their respective appointment, The case set-up by nagar Palika before the labour court was that there is no sanctioned post against which they can be regularised.

( 3 ) IN this view of the matter, the award is modified to the extent that the workman will be entitled for regularisation from the date of award and not earlier to that. The recovery certificate, if it has not already been complied with, it is also modified accordingly. Needless to say that the recovery certificate also deserves to be quashed and is hereby quashed. It will be open to the workman to file such application for the execution of the award as modified and as are available to them under law, before the Deputy Labour Commissioner, Ghaziabad. With the aforesaid observation the writ petition is disposed of finally.

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