GUJARAT HEAVY CHEMICALS LTD Vs. WORKMAN EMPLOYED

JUDGEMENT

(1.) Even as the impugned oral judgment dated 26.2.2010 of learned single Judge of this Court in Special Civil Application No.4193 of 2000 with Special Civil Application No.4550 of 2000 is expressly rendered invoking and referring Article 227 of the Constitution, it was argued at the outset by learned counsel Mr.Joshi, appearing for the appellant, that the original petition, in terms, in its title itself, invokes Article 226 as also Articles 14 and 19 of the Constitution. He, therefore, asserted that the present appeal under Clause 15 of the Letters Patent was maintainable and required to be entertained for final resolution of the dispute.

(2.) It was seen from the record that the original industrial dispute was raised in the year 1984 for grant of permanent status to 70 temporary employees of the appellant and that industrial dispute was referred and then transferred to the Industrial Tribunal at Bhavnagar, where it was registered as Reference (IT) No.39 of 1993. After pendency of that dispute for nearly 26 years and full opportunity to the parties for leading their evidence, award dated 11.2.2000 was made with the order that daily-wagers amongst the employees concerned were to be treated as temporary employees, after five years from the date of reference, and after further period of five years, they were to be treated as permanent employees. The benefits and arrears arising from the aforesaid order were to be paid within 30 days of publication of the award.

(3.) Parties on both sides in the above adjudication preferred Special Civil Applications in the year 2000, and those petitions have been dismissed by the impugned judgment of learned single Judge. During the pendency for 10 years of both the petitions, the appellant appears to have sought injunction against operation of the award of the Tribunal. The interim arrangement arrived at amongst the parties appears to have been incorporated in order dated 7.7.2000 in the petitions in the following terms: