MAHUVA NAGARPALIKA Vs. JIVRAJBHAI BHIMJIBHAI SANKALIYA

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 29.06.2002 passed by the Industrial Tribunal, Bhavnagar, whereby the Industrial Tribunal has directed the petitioner to regularize the services of the respondent workman. 3. The short facts of the case are that the respondent workman at the relevant time was working as Kadia Karigar as daily wager with the petitioner Nagarpalika. As the respondent workman was not given permanency in spite of working for several years, he raised a dispute which was ultimately referred to Industrial Tribunal for adjudication. Before the Industrial Tribunal both the parties adduced evidence and after appreciating the material produced before it, the Industrial Tribunal allowed the reference with the aforesaid directions. Hence, this petition. 4. Heard learned counsel for the respective parties and perused the documents on record. BY way of passing the impugned award, the Tribunal had directed the petitioner-Nagarpalika to regularize the services of the respondent-workman. Looking to the facts of the case, it would be relevant to refer to a Full Bench decision of this Court in the case of Amreli Municipality v. Gujarat Pradesh Municipal Employees Union, 2004 (3) G.L.R. 1841 and more particularly, on the observations made in Paras 12.1, 12.1.13, 12.1.14 and 12.1.15, which reads as under; 12.1 After considering the decisions cited before us, the following principles emerge: