EXECUTIVE ENGINEER PANCHAYATS ROADS AND BUILDINGS DISTRICT PANCHAYAT SURENDRANAGAR Vs. FATEHMOHAMAD AMIRJIBHAI

JUDGEMENT

(1.) The challenge, in this petition under Article 227 of the Constitution of India, is against the award passed by the Labour Court, Surendranagar in Reference (Demand) No.3 of 1989 dated 31-01-1991, whereby, the respondent-workmen are treated as work-charged employees and petitioner is directed to accord all monetary employment benefits upon that status wef 01-01-1986.

(2.) A few relevant and material facts need narration so as to examine, appreciate and determine the merits of the petition, which is filed only under Article 227 of the Constitution of India, by the respondent-workmen jointly, by raising an industrial dispute, which came to be referred to the Labour Court by the Additional Labour Commissioner, by order dated 1st September, 1983. The demand `inter-alia' included the claim for regularisation on the post on which the workmen were working, contending that on that post, they were working like permanent workmen, as the activity of construction is a continuous process and they have been working since many years.

(3.) It was also the case of the respondent-workmen that as per the government administrative rules, if a workman has worked continuously for more than six months, the workmen is required to be made permanent. It is in this context that they raised the demand to regularise them and make them permanent wef 01-10-1982.