GUJARAT HOUSING BOARD Vs. MEENAKSHIBEN BHANUSHANKAR BHATT

JUDGEMENT

(1.) A short but interesting question, which has come to the surface in this Letters Patent Appeal, by invocation of Clause-15 of the Letters Patent, is as to "whether employer of a part-time, or daily-wager or `ad hoc' appointee or any worker appointed for a stipulated period or for fixed hours (in this case for two hours) without there being regular process of recruitment for any sanctioned post and incompatible to and in contravention of the Recruitment Rules, could be directed by the Labour Court by passing, an award, under the Industrial Disputes Act, 1947 ("I.D.Act") for his service being regularised or to give benefit of permanency in service? This is the entire, lynchpin, of this Writ Petition.

(2.) With a view to appreciating the merits of this Letters Patent Appeal and the challenge against it, let us first screen and scan through a skeleton projection of factual profile leading to the rise of the appeal on hand i.e.:-

(3.) During the course of the hearing of the rival submissions, the Learned Advocates appearing for the parties have taken us through the relevant and material `viva-voce', as well as, testimonial collections. We have, also, dispassionately examined the impugned, award, as well as, the impugned judgment of the learned Single Judge.