SALAYA MUNICIPALITY Vs. DAVID H VYAS

JUDGEMENT

(1.) AS common question of law and facts arise in these group of petitions they are disposed of by this common judgement and order.

(2.) IN all these petitions common petitioner - Salaya Municipality through its Chief Officer has prayed for an appropriate writ, order or direction quashing and setting aside the impugned common judgement and award dated 07/04/2010 passed by the Presiding Officer, Labour Court No. 1, Jamnagar in respective References, being Reference (L.C.D.) No. 32/2001, Reference (L.C.D.) No. 6/2002 and Reference (L.C.D.) No. 7/2002, by which the Labour Court has allowed the aforesaid References by directing the petitioner to make the concerned workmen -respondents herein as permanent and to give all the benefits, which are available to the permanent employees, with arrears.

(3.) THE concerned workmen -respondents herein, who were appointed and were serving as daily wagers, raised an Industrial dispute to make them permanent on the post on which they are working and to grant all the benefits, which are available to the permanent employees, contending interalia that they are working on the permanent post. It appears that there was a settlement before the Lok Adalat between the Municipal borough and the concerned workmen -respondents herein and on that basis the respective References came to be disposed of. However, it appears that the same was subject to approval from the Director of Municipalities, State of Gujarat and thereafter the Director of Municipalities did not grant approval, and, therefore, pursuant to the order passed by this Court, the aforesaid References came to be restored to file. Thereafter, the aforesaid References were resisted/opposed by the Municipal borough by submitting that the appointment of the respective workmen -respondents herein were illegal and without following any due procedure of selection and it can be termed as back door entry and there is no sanction permanent set up post, and, therefore, it was requested not to make them permanent. The Labour Court vide common judgement and order dated 07/04/2010 allowed the aforesaid References directing the petitioner -Salaya Municipality to make the concerned workmen -respondents herein permanent from the date of their appointment as mentioned in the statement of claim and to pay all the consequential benefits of permanent employee to them with arrears. Being aggrieved and dissatisfied with the common impugned judgement and award dated 07/04/2010 the petitioner -Salaya Municipality has preferred the present Special Civil Applications under Article 227 of the Constitution of India.