Libertatem Magazine

Gujarat HC: Petition Of Workmen Dismissed, Confirming the orders passed by Labour Court

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In the Petitions filed under Article 226 of the Constitution of India, the Petitioners contend for their entitlement to the “benefits of regularisation on completion of three years of service on the date of which they completed 720 days of employment in three years with the corporation.”

Arguments before the Court

The contentions emerge based on the award by Industrial Tribunal in 1983, in this dispute between the workman-employee by the Vadodara Municipal Corporation and its workmen in respect of the employees’ demand to make them permanent. The main issued directed by the Tribunal were that the Corporation ought to make permanent the Rojamdari workmen who have joined the service in 1978 and thereafter and who have completed three years of service and those who will complete three years of service in future, provided they have completed 720 days of service such time. The benefit is granted from 2007, but the petition seeks that the regularisation should be given in accordance with the directions issued by the Tribunal.

Decision of the Court

In view of above, the Court found that, neither on merits nor on the procedural aspect, the petitioner Corporation has any case, which may call for any interference in the impugned orders passed by the Labour Court. The petitions were hence dismissed. The petitions were hence disposed of with a direction to the Corporation, that petitioners that are entitled to the benefit of regularisation, the same may be to consider orders granting the benefit in terms of the award passed by the Tribunal be granted within a period of six weeks from the date of receipt of copy of this order. Direct service is permitted.

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