TALUKA PANCHAYAT Vs. SAURASHTRA KUTCH MAJOOR SANGH

JUDGEMENT

(1.) This petition is directed against the judgment and award dated 22nd May 2002 passed by Labour Court, Rajkot in Reference (LCD) No.6 of 1999 whereby the Labour Court issued a direction to accord the status of permanent employee to the respondent workman with retrospective effect commencing from 1st January 1996 along with all consequential monetary benefits flowing therefrom.

(2.) In pursuance of the dispute raised by respondent no.1 the Deputy Commissioner of Labour, Rajkot, made a reference to the labour Court, Rajkot for adjudication as to whether Bhagwanjibhai Laljibhai Parmar is entitled to the status of a permanent employee in the set up of the Taluka Panchayat, Padhary or not. The said reference was recorded as Reference (LCD) no.6 of 1999. The Labour Court after adjudication passed the aforesaid judgement and award.

(3.) Heard the learned Advocates for the respective parties 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 V. G.P.M.E. Union, reported in 2004(3) 1841. The ratio laid down in the said decision reads as under: