JUNAGADH AGRICULTURE UNIVERSITY Vs. BHIKHUBHAI PRABHASHANKAR THAKAR

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the Constituting of India, in which, the petitioner has prayed that the award dtd. 9/1/2019 passed by the Industrial Tribunal, Rajkot in Reference (IT) No.23/2003 be quashed and set aside.

(2.) Heard learned advocate, Mr. D.G. Chauhan for the petitioner and learned advocate, Mr. T.R. Mishra for the respondent nos.1 to 3.

(3.) Learned advocate, Mr. Chauhan appearing for the petitioner has mainly submitted that the petitioner is a Body Corporate established and constituted under the provision of Sec. 3 of the Gujarat Agricultural Universities Act, 2004 (hereinafter referred to as "the Act" for short) for the State of Gujarat, which is an educational institute fully aided by the State Government. It is submitted that all the regular/ permanent employees are being selected and appointed in accordance with Recruitment Rules after following due procedure of selection on sanctioned vacant posts and the daily wagers do not hold any post. It is contended that the respondent no.1 was engaged on 7/12/1994 as Laboratory Boy on daily wage basis, whereas the respondent nos.2 and 3 were engaged as Sweepers purely on temporary basis and are being paid minimum wages under the Minimum Wages Act . At this stage, it is submitted that the respondents have raised industrial dispute before the Industrial Tribunal, Rajkot, which has been numbered as Reference (IT) No.23/2003 claiming permanency in service from the date of completion of 240 days with all benefits payable to permanent employees and also claimed arrears. It is submitted that the respondents filed statement of claim, Exh.3 before the Industrial Tribunal inter alia stating that the respondents are working since long and they are discharging their duties of permanent nature. It is also contended that they are continuously working for more than 10 years with 240 days continuous service in each year and yet they have not been made permanent and, hence, the said act of the petitioner amounts to unfair labour practice. It is contended that the petitioner filed its written statement, Exh.19 and, thereafter, parties led oral as well as documentary evidence before the Industrial Court and after considering the material placed before the Industrial Tribunal, the Tribunal passed impugned award, by which, the petitioner is directed to treat the respondents as permanent employees from the date of Reference and grant grade pay, dearness allowances and other allowances from the date of award i.e. 9/1/2019. It is also observed that the benefit of permanency shall be treated as notional and no arrears are to be paid till the award become enforceable. The petitioner has, therefore, filed the present petition challenging the said award.