RAJKOT DISTRICT PANCHAYAT Vs. RAMESHBHAI CHHAGANLAL MANDAVIYA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed against the award dtd. 5/8/2017 passed by the Industrial Tribunal, Rajkot in Reference (IT) No. 26/08, whereby the respondent-workman (herein after referred to as "Workman") was directed to be treated as a permanent employee from the date of publication of the award and to fix the pay-scale.

(2.) The petitioner no.1 is the Rajkot District Panchayat. It is the case of the petitioner that the respondent no.1 was working as a Daily Wager Part-time in the Veterinary Dispensary at Sanosara, Tal & Dist:Rajkot under an order dtd. 29/8/1984. It is the further case of the petitioners that, as the respondent was only appointed as a part-timer, the direction could not have been issued for absorbing him as a permanent employee.

(3.) It is submitted that the award is contrary to the provisions of the Government Resolution dtd. 17/10/1988. It is submitted that the regularization, if any, has to be as per the Scheme and as the scheme does not provide for any provision of absorbing a part-timers, the Labour Court ought to have passed this order. It is submitted that the Government of Gujarat has framed Recruitment Rules for the cadre of Peon in Class-IV and regular recruitment procedure is required for appointing any individual to the said post. The petitioner is not appointed through a regular selection procedure, and therefore, has no right to continue as a permanent employee, as directed by the Labour Court.