DHROL NAGAR PANCHAYAT Vs. DISTRICT LOCAL EMPLOYEES UNION

JUDGEMENT

(1.) Shri Pravin Gondaliya, learned counsel for the petitioner; as none appears for the respondent, I propose to proceed exparte.

(2.) The petitioner Nagar Panchayat, being aggrieved by the award dated 29.12.99, passed by the Labour Court, Jamnagar in Reference [LCD] Nos. 6/91 and 6/95, is before this Court with a submission that the Labour Court was unjustified in conferring permanency status upon the respondent and also erred in directing payment of back wages with effect from 1.4.97. Shri Pravin Gondaliya, learned counsel for the petitioner Panchayat has raised two questions, which I will take up one after another.

(3.) It was submitted that there was no change in the staff setup of the respondent since after the petitioner-Panchayat has come into existence, therefore, the persons who were appointed as temporary/ad-hoc employees could not be made permanent. It is to be seen from the records that the present petitioner, despite due opportunity to lead evidence, did not lead any oral evidence nor produced any documentary evidence to submit the proof that there had been no change in the staff setup and pattern.