PASCHIM GUJARAT VIJ CO LTD Vs. HAVABEN KASAM

JUDGEMENT

(1.) By way of present petition, the petitioner has inter alia prayed for quashing and setting aside the order dated 15th January 1994 passed by the Labour Court, Junagadh in Recovery Application No.710 of 1990.

(2.) During the course of hearing today, Mr.M.D. Pandya, learned advocate for the petitioner, has submitted that the issue involved in present petition is squarely covered by the decision of this Court rendered on 02nd December 1992 in Special Civil Application No.3520 of 1991. It would be beneficial to reproduce the said decision as under : Petitioner-Union prays that the services of the workmen, whose names are mentioned in Annexure-B to the petition and who according to the petitioner, are working as Vijligars in the areas of different Gram Panchayats, be regularised from the date when they completed 240 days of continuous service and any suitable scheme be framed for absorbing them. It is also prayed that the workmen concerned be paid wages at par with other regular Class-IV employees. The prayer made in the petition is against all the respondents. However, the learned Counsel for the petitioner has clarified that this prayer is against respondent No.1 i.e. Gujarat Electricity Board only. We have been taken through the petition. The scheme of appointment and taking work from different Vijligars in different Panchayat areas, clearly shows that the appointment of such Vijligars is not made by respondent No.1-Gujarat Electricity Board. It is evident from the Scheme that the appointment that may be made by different panchayats, is subject to approval by the Gujarat Electricity Board. If the appointment is in confirmity with the formalities mentioned in the Scheme, then the Gujarat Electricity Board pays fixed amount to the Panchayats. Such panchayat is required to make payment of wages and/ or remuneration to the workmen concerned. By no stretch of reasoning, it can be said that these workmen are employed by respondent no.1-G.E.B. In this view of the matter, prayers that the services of the workmen, whose names are mentioned in Annexure-B to the petition be regularised and the workmen concerned be paid equal wages at par with other regular class-IV employees of Gujarat Electricity Board, cannot be granted. There is no substance in the petition. Hence rejected. Notice discharged.

(3.) In view of aforesaid, when the issue involved in the present petition has already been decided by this Court by way of above cited decision, in light of the same the present petition is required to be disposed of and the same stands disposed of accordingly. The parties to abide by the above cited decision. It will be open to the petitioner to recover the amount in question from the respondent-Gram Panchayat. Rule is made absolute to the aforesaid extent. No order as to costs.