SAURASHTRA SHRAMIK SANGH Vs. AMRELI MUNICIPALITY

JUDGEMENT

(1.) The present appeal emanates from the order passed by the learned Single Judge dtd. 29/8/2016 rejecting the writ petition filed by the appellant - Union on behalf of the workman challenging the award dtd. 29/5/2007 passed by the Industrial Tribunal, Bhavnagar in Reference (IT) No.130 of 2003.

(2.) The appellant - Union submitted that the workman, who was appointed as a Clerk in 1987 raised a demand in 1992 for regularising the service, which culminated into reference proceedings being Reference (IT) No.130 of 2003. It appears that initially the Tribunal passed an award in favour of the workman however, the Municipality assailed the same before this Court by filing a writ petition being Special Civil Application No.2779 of 2002 and this Court vide order dtd. 19/1/2006 remanded the matter back to the Tribunal. Thereafter, the Tribunal has rejected the reference proceedings, which has culminated into the captioned writ petition. The learned Single Judge has rejected the same and hence, this appeal.

(3.) The sole ground, on which the Industrial Tribunal has rejected the reference proceedings, by holding that there are 34 posts in the set-up of Junior Clerks and presently 88 employees are working and since, there is over set up of 54 Junior Clerks in Nagarpalika and hence, the workman cannot be ordered to be regularised. The learned Single Judge has also rejected the writ petition by reiterating such fact.