CHIEF POST MASTER GENERAL Vs. G. S. DUDHWALA

JUDGEMENT

(1.) The present Special Civil Application is filed praying for the following reliefs :-

(2.) The factual matrix in the present case is as follows :-

(3.) Learned advocate Ms. Vyoma Jhaveri appearing on behalf of the petitioner submits that the respondent workman was engaged in leave period in absence of permanent Group-D officials by the Senior Post Master at Vadodara Head Office and he was not appointed on clear vacant post. She further submits that the respondent workman was always engaged on short term periods of leave of permanent Group-D Officials and when their leave was over and such staff joined their duties, the respondent workman was discontinued. It is further submitted that the learned Tribunal has failed to appreciate that it was a contract of specific short term leave period of permanent staff and therefore, the respondent workman has no right to continue on the staff of respondent No.2. She further submits that the respondent workman was not recruited through departmental procedure and he was not regularly appointed. She submits that since the respondent workman was working purely on leave vacancy basis and further, no junior was retained or absorbed, in the present case, the respondent workman cannot be said to be possessing the status of regular employee. She submits that the respondent workman could not have been made permanent in view of the resolution passed by the Department in the year 1961. She submits that in view thereof, the impugned judgment and award passed by the learned Tribunal be set aside and it can be held that there is no retrenchment of the respondent workman and there is no violation of Sec. 25F of the Industrial Disputes Act.