GADHADA MUNICIPALITY Vs. SAURASHTRA SHRAMIK SANGH

JUDGEMENT

(1.) By way of present petition, the petitioner has challenged the Award dated 01.01.2004 passed by the Labour Court, Bhavnagar in Reference (L.C.B.) No. 22 of 2000 whereby the Labourt Court has directed the petitioner-Municipality to absorb the workman-Shri Vallabhbhai Bachubhai Kanotara as permanent employee of the petitioner from 01.02.1999.

(2.) A reference was made to the Labour Court, Bhavnagar for adjudication as to whether Vallabhbhai Bachubhai Kanotara is entitled to the status of a permanent employee in the set up of Municipality or not. The said reference was recorded as Reference (L.C.B) No. 22 of 2000. The Labour Court after adjudication 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 G.P.M.E Union, reported in 2004 (3) 1841. The ratio laid down in the said decision reads as under: