BHAVNAGAR DISTRICT PANCHAYAT Vs. BABUBHAI MOHANBHAI GARANIA

JUDGEMENT

(1.) The present petition is filed against the award dated 29.6.2001 passed by the Industrial Tribunal, Bhavnagar. The Tribunal has ordered regularisation of the respondent employee-workman who was working on daily wages. The contention of the petitioner in their petition is as under:

(2.) It is most respectfully stated that Bhavnagar District Panchayat is having its Guest House at Palitana and it has in all 5 rooms and 6 bathrooms and one post of a regular employee is sanctioned for the said Guest House and it is held by regularly selected employee. It is stated that the respondent herein was employed with effect from 17th June, 1983 as part time sweeper for 3 hours per day and later on with effect from September, 1990, he was employed for 4 hours per day. It is stated that since December, 1998, the respondent is working for 6 hours per day as a part timer and at present he is paid Rs. 1,350/- per month as per the Government policy with regard to the payment of the salary and wages to part timers. It is stated that the respondent herein who is employed purely on temporary, ad hoc basis and without following due procedure of the recruitment approached the Honourable Industrial Tribunal at Bhavnagar by way of preferring a Reference I.T. No. 191/90 which was re-numbered as 283/91 for regularisation of his service. It is stated that a detailed written statement was filed and the matter was fully defended on all counts, but without appreciating the factual and legal position, the learned Presiding Officer of Honourable Industrial Tribunal at Bhavnagar through an award dated 29th June, 2001 directed the petitioner to regularise the service of the respondent herein with effect from 1st January, 1991 and decide all consequential benefits notionally for the period from 1st January, 1991 to 30th December, 2000 and make payment of the benefits accordingly with effect from 1st January, 2001.

(3.) The further contention of the petitioner is that: the learned Presiding Officer of the Industiral Tribunal ought to have appreciated that the respondent is employed with effect from 17th June, 1983 for 3 hours per day and since December, 1998 he is working for 6 hours per day and he is paid Rs. 1,350/- per month as per the Government policy and it ought to have been appreciated that it is open to the respondent to carry on any other economic activity as he is not full time employee of the petitioner-District Panchayat.