HALVAD NAGARPALIKA Vs. BHADUBEN BHIKHABHAI

JUDGEMENT

(1.) The petitioner has challenged the judgement and award passed by the Labour Court, Surendranagar in Recovery Application No.76 of 2002 and Misc. Application No.5 of 2007.

(2.) According to the petitioner the respondents were employed in the petitioner Nagarpalika as daily wagers without following any due procedure under law. In the year 1992 the respondents filed Reference (LCD) No.3 of 1992 before Labour Court, Surendranagar for regularization of their services and also prayed for protection of their services. The respondents have also filed Special Civil Application No.7634 of 1991 before this Court for the very same relief. The Labour Court allowed the reference vide order dated 3rd April 2000 directing the petitioner to regularize their services. In the petition filed before this Court, this Court passed an order directing the petitioner to absorb the respondents on regular establishment as and when vacancies arise and in accordance with seniority and on their being eligible for the said post. The respondents were working as Safai Kamdar/Sweepers as daily wagers and there was no post vacant in the set up for their absorption. The respondents thereafter filed Recovery Application before the Labour Court, Surendranagar being Recovery Application No.76 of 2002 under section 33-C(2) of the Act, wherein an exparte award came to be passed directing the petitioner Nagarpalika to make payment in the sum of Rs.2,68,168/-. The petitioner therefore filed Misc. Application No.5 of 2007 for setting aside the exparte order which came to be dismissed. Hence the present petition has been filed.

(3.) Though served none appears for the respondents. Heard the learned Advocate for the petitioner at length.