STATE OF GUJARAT Vs. SAURASHTRA SHRAMIK SANGH

JUDGEMENT

(1.) This petition is directed against the judgement and award dated 30th October 2003 passed by Labour Court, Bhavnagar in Reference (LCB-D) No.40 of 1998 whereby the petitioner was directed to treat the respondent as a full timer from 28th October 1998 and to fix the pay scale accordingly.

(2.) The respondent workwoman was working as part time sweeper from 1st May 1986 with the office of the petitioner department. She approached the Labour Court contending that she has been working since 15 years and therefore after completion of three years of her service, she should be absorbed as a full timer and should be treated as regular employee. The Labour Court, after adjudicating the matter passed the aforesaid judgement and award.

(3.) Heard the learned Advocates for the respective parties 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: 12.1 After considering the decisions cited before us, the following principles emerge: [A] No regularization or permanency can be effected de hors the statutory provisions or the guidelines. [B] Long service put in by the workmen itself may not be a ground to regularize services of ad hoc/temporary workmen against the sanctioned set-up without following statutory procedure of recruitment. At the most, Labour Court/Industrial Tribunal can issue direction fro consideration of absorption subject to availability of posts on the establishment. [C] To avoid nepotism and corruption, no back-door entry in service; [D] Financial capacity of the local body to have additional burden is a relevant consideration to be kept in mind while ordering regularization or absorption.