EXECUTIVE ENGINEER Vs. SECRETARY

JUDGEMENT

(1.) BY way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has inter alia prayed to quash and set aside the judgment and award dated 17th October, 2006, passed by the Labour Court, Bhavnagar in Reference (LCD) No.6 of 1995, whereby the Labour Court partly allowed the Reference and directed the petitioner to regularize the services of the members of the respondent-Sangh with all consequential and admissible benefits.

(2.) THE facts in brief are that the members of the respondent-Sangh raised an industrial dispute on the ground that the petitioner had not regularized their services in complete breach of the provisions of the Industrial Disputes Act, 1947. The dispute was numbered as Reference (LCD) No.6 of 1995 and it was decided by way of the impugned judgment and award. Being aggrieved by the same, the present petition has been preferred.

(3.) IN view of aforesaid, when the issue involved in the present petition has already been decided by this Court by way of above cited decision and considering the peculiar facts and circumstances of the case and keeping in mind the principle laid down in the decision of the Apex Court in the case of Secretary, State of Karnataka & Ors. v. Uma Devi (2006) 4 SCC 1 and the decision of this Court in the case of Amreli Municipality v. Gujarat Pradesh Municipal Employees Union 2004 (3) GLR 1841, the petitioner is directed to regularize the services of the members/workmen of the respondent-Sangh as per the sanctioned posts and as per the seniority lists. It is, however, clarified that if no seniority list is there, the petitioner shall regularize the services of the respondent-workmen on completion of ten years of service. The aforesaid exercise shall be completed within a period of seven months from today.