DISTRICT PANCHAYAT Vs. JUNAGADH JILLA MAZDOOR SANGH

JUDGEMENT

(1.) THE appellant herein has challenged the judgement and order dated 04.10.1999 passed by the learned Single Judge of this Court in Special Civil Application No. 1918 of 1998 whereby the writ petition was dismissed and the order dated 28.07.1997 passed by the Industrial Tribunal, Rajkot in Reference (ITR) No. 159 of 1991 was confirmed.

(2.) IT is the case of the respondent workman that he had been serving with the petitioner panchayat since 1968 and therefore he claimed benefit of permanency in service with effect from 01.01.1988. However, it is the case of the appellant herein that the respondent-workman was a part-time employee serving for six hours a day and therefore was not entitled to regularisation in service with attendant benefits. The Deputy Commissioner of Labour referred the dispute to the Industrial Tribunal No. 2, Rajkot as to whether the respondent workman should be made permanent from 01.01.1988 and to give him all the benefits. The said reference was registered as ITR No. 159 of 1991. The Tribunal vide order dated 28.07.1997 directed the Executive Engineer R&B Division, Junagadh to consider the respondent as permanent employee from 01.01.1988 and that he should be given arrears from 01.01.1996 after deducting the wages already drawn by him.

(3.) LEARNED advocate for the appellant could not produce any evidence on record of the case to enable us to take a view contrary to the one taken by the learned Single Judge and the Tribunal. We are of the considered opinion that the impugned order does not call for any interference by this court. Moreover, the award of the Tribunal is of the year 1997. We are not inclined to disturb the position which has been prevailing for the last 14 years.