GUJARAT MAZDOOR PANCHAYAT Vs. INDIAN AIRLINES LTD

JUDGEMENT

(1.) The present Letters Patent Appeal has been filed by the Gujarat Mazdoor Panchayat being aggrieved by the decision of the Single Judge of this Court in Special Civil Application No. 298 of 2003 whereby the learned Single Judge of this Court has set aside the judgment and award dated 26th August, 2002 passed by the Central Industrial Tribunal, Ahmedabad in Reference (I.T.C.) No. 65 of 1998 and Reference (I.C.) No. 125 of 1999, and subsequent order dated 5th March, 2003 in Misc. Civil Application No. 2 of 2002 in Reference No. 65 of 1998 and 125 of 1999 have been quashed and set aside. While making the aforesaid order, the learned Single Judge has observed that the Tribunal, while passing the orders in question, has not appreciated the economic constraints pressed into service by the petitioner before it in ordering the regularisation of the appellant-workmen.

(2.) The learned Single Judge has observed that the Company being a Government Company, it was under obligation to carry out the instructions and directives issued by the Government of India from time to time. The Government of India had accepted the recommendations of Kelkar Committee, which had observed that there was dire need to accept stringent economic measures that included freezing of new recruitments at various stages if possible. In that view of the matter, the learned Single Judge did not countenance the claim of the workmen as ordered by the Tribunal.

(3.) The learned Single Judge has further held that regularization cannot be made the mode of appointment at all. The appointments made in violation of the recruitment rules cannot be termed as mere irregularity capable of being cured. Such irregularity was not liable to be cured by ordering regularisation. In this regard, reliance has been placed by the learned Single Judge on the decision of the Hon'ble Supreme Court in the case of National Fertilizers Ltd v. Somvir, 2006 5 SCC 493. The learned Single Judge has also taken note of the law laid down by the Apex Court in the case of Union of India v. Narendra Nath Choudhury, 2003 12 SCC 49 and has observed that the Tribunal was not justified in issuing directions for reviewing its policy of manner of recruitment.