GUJARAT UNVERSITY Vs. GUJARAT UNIVERSITY GENERAL EMPLOYEES UNION

JUDGEMENT

(1.) The petitioner- Gujarat University has filed this petition under Article 227 of the Constitution of India challenging the judgment and award made by the Industrial Tribunal, Gujarat at Ahmedabad in Reference (IT) No. 4 of 1988 dated 15th January, 1993. By the said award the petitioner has been directed that it should continue to pay to the employees of department Kendra or Shramik Vidyapeeth the pay-scales which are on par with the employees of the petitioner together with all the incidental monetary benefits which have been paid to the said employees, on permanent basis, as was being done in the case of the employees of the petitioner. It has been further directed that it should prepare a final seniority list department- wise in relation to the employees of the petitioner and of the Shramik Vidyapeeth. It has also been directed that the petitioner should pay the examination allowances which were being paid to its employees with effect from 25th April, 1986 to the employees of the Polyvalent Adult Education Centre with effect from 25th April, 1986. It has been further directed that it would redesignate the employees in accordance with the change of designations made in the case of employee, the petitioner. Lastly it has directed that it has directed that the petitioner should make available all the permanent benefits which were being paid to its employees to the employees of the Polyvalent Centre and the said benefits should be paid to them within 30 days of the publication of the award.

(2.) To appreciate the controversy in the petition several facts which are concerning the creation of the petitioner and its constitution providing for its set up, administration, source of funds etc.. are needed to be stated and they are as under :-

(3.) Mr. S.N. Shelat, learned Advocate General appearing for the petitioner has submitted that the approach of the Tribunal is absolutely erroneous. According to him, the petitioner is not the parent body of Shramik Vidyapeeth because Shramik Vidyapeeth has been created as an autonomous body having its own board of management. He has further submitted that the necessary finance for running the Vidyapeeth is being provided for by the Government of India. According to Mr. Shelat, though the board of management comprises, amongst others, some important officers of the University, it cannot be said that the Vidyapeeth is affiliated to the petitioner. In support of his contentions, he has cited several authorities to which I will refer in due course of the judgment.