TALUKA DEVELOPMENT OFFICER Vs. RAMESHCHANDRA M BHATT

JUDGEMENT

(1.) Instant appeal which is filed under Clause 15 of the Letters Patent, is directed against judgment dated March 21, 1997 rendered by the learned Single Judge in Special Civil Application No. 9893 of 1996 by which award dated July 1, 1996 rendered by the Industrial Tribunal, Rajkot in Reference (ITR) No. 67 of 1991 directing the appellant No.1 to make his workman, Rameshchandra M. Bhatt, the respondent herein, permanent with effect from 1/12/1978 and to treat the period from 1/12/1978 to 31.12.1994 as notional and pay him the arrears with effect from 1.1.1995 onwards and also to pay Rs.500/- to the Union of the respondent towards cost, is upheld and thereby the petition filed by the appellants is dismissed.

(2.) The respondent was appointed by the appellant No.1 vide order dated November 20, 1975 as a workman on temporary adhoc daily wager on a daily remuneration of Rs.7/- which was paid out of 2% contingency fund. The respondent was required to work as a clerk on the construction projects and the works undertaken by the Taluka Panchayat. He had to work in the projects which were sanctioned and finalised either by the District Panchayat or the State Government. The respondent was required to work as and when work was available. However, the respondent was continued as a clerk from time to time as one or the other project was on hand of the Taluka Panchayat and contingency funds were available since the grants were sanctioned either by the State Government or the Taluka Panchayat.

(3.) It was the case of the respondent that he had continuously worked for the last 15 years before raising dispute. According to him, though he was working on a permanent post he was not made permanent and not given the wages and other benefits as available to other permanent employees which was against the principles of natural justice. The respondent, therefore, approached the Surendranagar Jilla Mazdoor Sangh for raising dispute and the Surendranagar Jilla Mazdoor Sangh filed statement of claim advancing the cause of the respondent before the Deputy Commissioner of Labour, Rajkot. On failure of conciliation proceedings, the Deputy Commissioner of Rajkot vide his letter No. KH/SWWC/479 P.P./IDR/AJ/J.V.A.C./478/90 dated 28.2.1991 referred the dispute to the Tribunal for adjudication. The dispute referred to the Tribunal was as under: