AMRELI DISTRICT PANCHAYAT Vs. SHAMBHBHAI BHIMABHAI

JUDGEMENT

(1.) THE present petition is filed challenging the award dated 17.04.2004 passed by the Industrial Tribunal, Bhavnagar in Reference No. (IT) 42 of 1995 by which the petitioner is directed to regularise the respondent in service in the cadre of Peon with effect from July 1995 with all consequential benefits.

(2.) IT is the case of the petitioner that the respondent was employed purely on temporary, ad hoc and daily wage basis with the petitioner dispensary with effect from 07.08.1981 and worked as such till 11.09.1986. The respondent, thereafter, approached the Labour Court for reinstatement and backwages pursuant to which the respondent was reinstated and is serving as daily wager since then. It is further the case of the petitioner that the respondent approached the Industrial Tribunal by way of filing Reference (IT) no. 42 of 1995 claiming benefits of regularisation and consequential benefits. The Tribunal after hearing the parties passed the aforesaid award.

(3.) MR . Mankad, learned advocate appearing for the respondent has supported the award passed by the Tribunal and submitted that no interference is called for. He submitted that this Court vide order dated 01.10.2004 modified the stay of the impugned award by directing the petitioner to pay the respondent the minimum of the pay scale payable to the peons with effect from September 2004.