DHORAJI MUNICIPALITY Vs. MAHA GUJARAT GENRAL WORKS UNION

JUDGEMENT

(1.) By way of present petition, the petitioner has challenged the Award dated 15.03.2004 passed by the Presiding Officer, Industrial Tribunal, Rajkot in Reference (I.T.) No. 139 of 1985 whereby the Tribunal has directed the petitioner-Municipality to regularize the service of the workman-Osman Valimamad Shaikh to the post of Helper from 20.10.1983.

(2.) The workman- Osman Valimamad Shaikh through the respondent-Union raised industrial dispute for regularization by way of Reference (I.T.) No. 139 of 2004 before the Industrial Tribunal, Rajkot. The Tribunal after adjudicating the matter, passed the aforementioned award which is challenged in the present petition.

(3.) 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 versus Gujarat Pradesh Municipal Employees Union reported in 2004 (2) G.L.H. 692. The ratio laid down in the said decision reads as under: