VALLABHIPUR MUNICIPALITY Vs. CHHOTABHAI OGHABHAI MAKWANA

JUDGEMENT

(1.) This is petition under Article 226/227 of the Constitution of India is filed challenging the award dtd. 21/11/2017 passed by the Labour Court, Bhavnagar in Reference (L.C.B) No. 2 of 20211(sic). Under the impugned award, the directions are issued by the Labour Court to treat the respondent herein as a permanent employee in Class-IV of the petitioner-establishment. The main contention raised amongst the other pleaded are argued before this Court is that the respondent-workman is a backdoor entry and that there is no procedure, which was followed before inducting the respondent-workman in the establishment, and therefore, appointment, if any, the date treated as illegal appointment.

(2.) It is submitted that as the respondent-workman is to be treated as a irregular appointee, there is no question of offering him the permanency to the respondent-workman. It is submitted that when the respondent-workman was inducted into the establishment, there was no vacant and sanctioned post, and therefore, also, no direction could have been issued by the Labour Court to offer permanency to the respondent-workman.

(3.) Learned advocate for the petitioner has argued that though the petitioner has taken up the contention in their reply to the statement of claim that the respondent-workman was not inducted against the vacant and sanctioned post, the Labour Court has not assigned any reason to accept to reject the contention. In fact, it is submitted that merely on the oral evidence of the witnesses, the conclusion is short that the respondent-workman is not a backdoor entry.