DIVISIONAL CONTROLLER GUJARAT STATE ROAD TRANSPORT CORPORATION RAJKOT Vs. DHARMENDRASINH BALBHADRASINH WAGHELA AND ANR

JUDGEMENT

(1.) RULE . Mr. Pandya, learned advocate waives service of Rule on behalf of the contesting respondent workman.

(2.) HEARD Mr.Hardik Rawal, learned advocate for the petitioner corporation and Mr.Majmudar, learned advocate for the contesting respondent Workman.

(3.) CHALLENGE in this petition is made to the award passed by the Industrial Tribunal, Rajkot in Reference (I.T.) No.39 of 2012 dated 16.12.2013, whereby the Reference is allowed, and the respondent workman is ordered to be treated as the regular Conductor on the time scale, since year 2000, with all consequential benefits, including arrears for these 13 years. Earned advocate for the petitioner has submitted that, the respondent used to come as Badli Conductor since 20.12.1999, and was given work by the Corporation, as and when regular conductors were not available, or as a reliever etc., and ultimately he was engaged as a regular daily wager conductor in the year 2008, and as per the policy of the Corporation, he was taken on the regular establishment in the pay scale with effect from 28.12.2008. It is submitted that thereafter, in the year 2012, the workman approached the Industrial Tribunal asserting that, the action of the Corporation of taking him on the pay scale with effect from 28.12.2008 was illegal, and he ought to have been so taken in the year 2000 itself, on completion of 180 days. It is submitted that, there was delay on the part of the respondent workman. It is further submitted that, apart from delay, even on merits, he was not entitled to the benefits, which was claimed by him. It is further submitted that, there will be huge financial burden on the Corporation, since arrears for 13 years is ordered to be paid by the Tribunal, that too for the benefit which the respondent is not entitled to. It is submitted that, the impugned award be quashed and set aside.