LIMBDI MUNICIPALITY Vs. KURESHI SHIRAJ ALABELI

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 26.08.1991 passed in Reference [ITR] No. 134/1985, whereby the Industrial Tribunal has directed the petitioner to regularize the services of the respondent workmen.

(2.) The short facts of the case are that the respondent workmen at the relevant time were working on the post of Octroi Nakedar of the petitioner Municipality. The respondent workmen raised an industrial dispute for regularization of their services, which was ultimately referred to the Industrial Tribunal for adjudication being Reference No. 134 of 1985. The Industrial Tribunal allowed the reference and directed the petitioner to regularize the services of the respondent workmen. Hence this petition.

(3.) Heard the learned counsel for the respective parties. Having considered the submissions and perused the documents on record, 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) 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: