JUNAGADH AGRICULTURE UNIVERSITY Vs. KAILASHBEN NATWARLAL PANDYA

JUDGEMENT

(1.) These three Letters Patent Appeal preferred by the appellant Agricultural University under Clause 15 of the Letters Patent are cognate since they arise from common judgement and order of learned Single Judge dtd. 10/3/2022. As the facts are similar and the issues identical, all the appeals were heard together to be treated simultaneously by this order.

(2.) The first captioned Letters Patent Appeal No. 232 of 2023 is relatable to the common judgment and order of the learned Single Judge insofar as it concerns Special Civil Application No. 13279 of 2017. The second Letters Patent Appeal corresponds to Special Civil Application No.3372 of 2019 and the third Letters Patent Appeal No. 234 of 2023 pertains to Special Civil Application No. 12026 of 2013.

(3.) Noticing the basic facts in the background from the record of the first captioned Letters Patent Appeal, the workman invoked the jurisdiction of the Industrial Tribunal, Rajkot, by filing Reference (IT) No. 153 of 2003 seeking benefit of regularisation, putting forward their Statement of Claim dtd. 19/11/2003. Their case inter alia was that they had been serving in the University as daily rated workmen for more than 10 years continuously. It was the case that they had completed 240 days in each year, but the University have been indulging in unfair labour practise to keep them away from the benefit of regularisation even as the work was of perennial nature.