KESHOD MUNICIPALITY Vs. CHANDRES BHANUSHANKAR THAKOR

JUDGEMENT

(1.) BY way of this petition, the petitioner, Municipality has challenged the judgment and award of the Labour Court, Junagarh, rendered in Reference (L.C.D.) No. 11/01, Dated : 18.05.2004, whereby, it allowed the reference in favour of the respondent ­ workman and ordered the petitioner to regularize the services of the workman with effect from 01.08.2000, on the post, on which he was discharging his duties and he was also ordered to be granted the grade and the benefits available to the permanent employees working on the similar post.

(2.) THE brief facts leading to the filing of the present petition are that the respondent, herein, filed a reference being Reference No.11 of 2001 for regularization of his services in which the Labour Court passed the impugned judgment and award. Hence, the present petition.

(3.) IN the above backdrop, here, it would be relevant to refer to a decision of this Court in the case of "AMRELI MUNICIPALITY VS. GUJARAT PRADESH MUNICIPAL EMPLOYEES UNION", reported in 2004(2) G.L.H. 692, wherein, this Court has held that the labour courts / industrial tribunals cannot issue directions conferring benefits of permanency or regularization, when recruitment in the local body has been made de hors the recruitment rules and when a local authority has made recruitment de hors the rules and without previous sanction of the Director of the Municipality, which is a statutory requirement, directions can be issued to prevent extravagance in employment and the Municipality is bound by such directions.