STATE OF GUJARAT Vs. NEETIN DHANJIBHAI GOHIL

JUDGEMENT

(1.) The present appeal filed under Clause 15 of the Letters Patent, 1865 emanates from the order dtd. 8/6/2022 passed by the learned Single Judge in the captioned writ petition confirming the award dared 30/9/2019 passed by the Labour Court in Reference (IT) No.88 of 2012, whereby the Labour Court has directed the appellant-State to absorb the respondent-workman by creating the supernumerary post as a special case and by conferring him the regular pay-scale of Rs.4400.00 7400/-.

(2.) At the outset, the learned AGP has submitted that the directions issued by the Labour Court are contrary to the settled legal proposition of law that the Labour Court has no power to direct the appellant-State to create supernumerary post and further direct that the respondent-workman to be appointed on the post having regular payscale. She has submitted that even if the respondent-workman has been appointed continuously, the same would not confer him the benefit of regularization that too by creating supernumerary post. She has submitted that there was no sanctioned post at the relevant time when the respondent-workman was appointed and continued. Thus, it is urged that the impugned orders passed by the learned Single Judge as well as Labour Court may be quashed and set aside. In support of her submissions, she has placed reliance on the decision of the Apex Court in the case of Government of Tamil Nadu Vs. Tamil Nadu Makkal Nala Paniyalargal, (2023) 6 Scale C.C. 49.

(3.) Per contra, learned Senior Advocate Mr.Joshi has submitted that the impugned award passed by the Labour Court does not require interference. He has submitted that pursuant to the earlier litigation and the order dtd. 19/12/2005 passed by the High Court in Special Civil Application No.4517 of 2001, the respondent-workman was reinstated with continuity of service and once the continuity of service is granted, the appellant-State has to regularize such employee in service.