Gujarat High Court Case Information System
Print
SCA/6640/1999 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6640 of 1999
With
SPECIAL
CIVIL APPLICATION No. 8031 of 1999
With
SPECIAL
CIVIL APPLICATION No. 8517 of 1999
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ? Yes
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
JIVANBHAI
GOPABHAI - Petitioner(s)
Versus
BHAVNAGAR
MAHANAGARPALIKA & 2 - Respondent(s)
=========================================================
Appearance
:
MR
MAYUR S BAROT for
Petitioner(s) : 1,
MR HS MUNSHAW for Respondent(s) : 1,
RULE
SERVED for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 16/07/2010
ORAL
JUDGMENT
1.0 Special
Civil Application No. 6640 of 1999 has been preferred with a prayer
to quash and set aside the impugned judgement and award dated
09.10.1998 passed in Reference ( I.T.) No. 18 of 1991 by the
Industrial Tribunal, Vadodara rejecting the petitioner’s claim for
permanency with effect from 01.06.1977 and further to declare the
petitioner is entitled to permanency with effect from 01.06.1977.
2.0 Special
Civil Application No. 8031 of 1999 has been preferred by the
Municipal Corporation with a prayer to quash and set aside the
impugned Award dated 09.10.1998 passed by the Industrial Tribunal,
Vadodara in Reference (I.T) No. 18 of 1991 directing the
petitioner-Municipal Corporation to make the respondent herein
permanent and regular with effect from 01.06.1992 irrespective of the
policy of the petitioner-Corporation as well as vacancies.
3.0 Special
Civil Application No. 8517 of 1999 has been preferred by Municipal
Corporation with a prayer to quash and set aside the impugned award
dated 13.01.1999 passed by the Industrial Tribunal in Reference (
I.T.) No. 87 of 1992 directing the petitioner-Corporation to treat
the respondents herein as permanent with effect from 05.11.1992 and
give all the consequential benefits.
4.0 Heard
learned advocates for the respective parties.
5.0 These
petitions arose out of identical issues in respect of regularization
of services of the petitioners-workmen. It is pertinent to note that
the said issues have been dealt with and decided by the Full Bench of
this Court in the case of Amreli Municipality v. Gujarat
Pradesh Municipal Employees Union, reported in 2004(2) GLH 692,
wherein in clause 12. 1 reads as under:
12.1 After considering
the decisions cited before
us, the
following principles emerge:
(A) No regularisation or permanency can be effected
de hors the statutory provisions or the
guidelines.
(B) Long service put in by the workmen itself may not
be a ground to regularise services of ad hoc/
temporary workmen against the sanctioned set up
without following statutory procedure of
recruitment. At the most, Labour Court/
Industrial Tribunal can issue direction for
consideration of absorption subject to
availability of posts on the establishment.
(C) To avoid nepotism and corruption, no backdoor
entry in service;
(D) Financial capacity of the local body to have
additional burden is a relevant consideration to
be kept in mind while ordering regularisation or
absorption.
6.0 On
the facts of the case, it is an admitted position that the
petitioners-workmen were not appointed regularly and, therefore, in
view of the aforesaid decision, they cannot be regularized. However,
looking to the fact that the petitioners-workmen have been contined
for almost 11 years, as and when vacancy
arises, the respondent-Municipality will follow the guidelines laid
down in the aforesaid decision if the case of Amreli Municipality (
supra) and shall extend the benefits to the workmen. The award of the
Labour Court is modified accordingly. Rule is made absolute to the
aforesaid extent with no order as to costs.
7.0 Since
the petitions are disposed of, Civil Application does not survive and
the same is disposed of accordingly.
(K.S.JHAVERI,
J.)
niru*
Top