LAWS(GJH)-2000-7-7

ABAD DAIRY Vs. MANJIBHAI DHANJIBHAI

Decided On July 25, 2000
ABAD DAIRY Appellant
V/S
MANJIBHAI DHANJIBHAI Respondents

JUDGEMENT

(1.) These Letters Patent Appeals have been preferred by Abad Dairy which is a unit of Gujarat Dairy Development Corporation Limited, and is an 'employer' within the meaning of the Industrial Disputes Act, 1947. The employer feels aggrieved by a common oral judgment pronounced on 23-4-1996, 1-5-1996, 21-6-1996, 3-8-1996 and 5-8-1996 by learned single Judge (M. R. Calla, J.) (reported in 7997 (2) GLR 1204). The employer also feels aggrieved by the judgment dated 22-1-1998 passed by the learned single Judge (Rajesh Balia, J.) in some of the cognate matters, which are being decided by this common judgment.

(2.) The common question involved in all these appeals is whether the Badli workmen employed in Abad Dairy, after it was taken over from the Ahmedabad Municipal Corporation by the present employer i.e. Gujarat Dairy Development Corporation, are entitled to the relief of regularisation of their service and payment of consequential monetary benefits on their completion of 900 days of work in last period of 5 years in terms of tripartite settlement dated 11-5-1981 and circulars dated 29-12-1978, 2-6-1983 and 16-8-1984 alleged to have been issued thereunder. Learned single Judge (Rajesh Balia, J.) by the judgment impugned dated 22-1-1998 upheld the award of the Industrial Tribunal, Ahmedabad in favour of the Badli workmen and rejected the writ petitions filed by the employer in case of some of the workmen.

(3.) Learned single Judge (M. R. Calla, J.) by the impugned judgment pronounced on various dates mentioned above allowed the Badli workers' claim for regularisation and payment of monetary benefits on the petitions jointly filed by them, individually and through the Union.