VADODARA MUNICIPAL Vs. MOHMAD ISMAIL USMANIA SHAIKH

JUDGEMENT

(1.) This petition is directed against the judgment and award dated 29th September 2001 passed by Labour Court, Vadodara in Reference (LCV) No.1113 of 1995 whereby the petitioner was directed to treat the respondent as permanent driver and to grant him all consequential benefits.

(2.) The respondent was working with petitioner Corporation as driver. His appointment was for fixed time period and for fixed work. He approached the Labour Court, Vadodara contending that he had completed 307 days and respondent had terminated his services illegally and violated the provisions of Section 25-F, G and H of the Act. The Labour Court passed the award granting permanency.

(3.) Though served, none appears for the respondent. Heard the learned Advocate for the petitioner and perused the relevant documents on record. Having considered the submissions and perused the record of the case, it transpires that the issue involved in the present case is squarely covered by a Full Bench decision of this Court in the case of Amreli Municipality V. G.P.M.E. Union, reported in 2004(3) GLR 1841. The ratio laid down in the said decision reads as under: