KODINAR MUNICIPALITY Vs. SHRAMJIVI MAZDOOR MANDAL

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, the petitioner-Kodinar Municipality through its Chief Officer has prayed for an appropriate writ, direction and order quashing and setting aside the impugned judgment and award dated 30.12.2002 passed by the Labour Court, Junagadh passed in Reference (LCD) No. 2 of 1999, by which the Labour Court has directed the petitioner to regularize the services of the respondent on the post of octroi clerk and to make him permanent and pay all necessary permanency benefit w.e.f. 1.1.2002.

(2.) It is an admitted position that the services of the respondent was absolutely illegal and de-hors the statutory requirement and without following due procedure of selection as octroi clerk and that too not on the sanctioned post. It appears that the Labour Court while partly allowing the award and directing the petitioner to regularize the service of the respondent workman and to make permanent w.e.f. 1.1.2002 has also relied upon the fact that some other junior persons are made permanent. Shri Rathod, learned advocate for the respondent has stated that respondent is claiming his right mainly on the basis of that some other junior persons to the respondent were made permanent. There cannot be negative discrimination. Merely because some other persons came to be made permanent by the Nagar Palika who were also appointed de-hors the statutory provisions and/ or without following due procedure of selection, respondent cannot claim parity of such illegal action.

(3.) Considering the fact that so far as respondent is concerned, admittedly when he was appointed no regular procedure of selection was followed and even his appointment is also back door entry and that even his appointment is also not on sanctioned post, considering the decision of the Hon'ble Supreme Court in the case of Secretary, State of Karnataka and Others Vs. Umadevi and Others reported in (2006) 4 SCC 1 , impugned judgment and award passed Labour Court directing the petitioner to regularize the services of the respondent on the post of octroi clerk and to make him permanent w.e.f. 1.1.2002 and grant of other benefits available to the permanent employee cannot be sustained and same deserves to be quashed and set aside.