GUJARAT ENERGY DEVELOPMENT AGENCY Vs. SHANKARBHAI BABUBHAI JOSHI

JUDGEMENT

(1.) PETITIONER , Gujarat Energy Development Agency, a Society registered under the Societies Registration Act and promoted for Research and Development of Non -conventional Sources of Energy, receiving grant -in -aid from the State Government, has challenged the award and order dated 19.04.2001 of labour court, Junagadh in Reference (LCD) No.4 of 1995 ordering the petitioner to make the four respondents permanent in service and to grant them all the consequential benefits with effect from the year in which they had completed 240 days of working, with cost of Rs.3,000/ -.

(2.) THE award is challenged as perverse and illegal in so far as material evidence and admissions of the workmen themselves were not duly considered by the labour court in arriving at the findings of fact and in so far as material and relevant evidence was disregarded while making the impugned award. It was pointed out by learned counsel Mr.K.C. Rawal from the deposition (Exh.12) of the workman himself that the project of the petitioner was started in 1990, it was a Government project and such activities were closed by the Government. That the petitioner had earlier installed 50 towers out of which only two were in running condition at the time of deposition. It was also admitted that the workmen concerned were appointed on fixed term basis and the term of their last appointment had expired by the end of March, 1995 when they approached the Civil Court and obtained an injunction resulting into continuation of their services. It was specifically admitted that the activities and the staff strength of the petitioner were reducing.

(3.) THE labour court appears to have, in the impugned award, disregarded the defence of the petitioner that there were no vacancies on the set -up of the petitioner, that the respondents were continuing in service by virtue of the injunction of the civil court against termination of their services and the Court appears to have heavily relied upon the fact that the respondents were in continuous service, working for more than 240 days in the year, since approximately 10 years. It also weighed with the Court that some other employees were, after appraisal of their efficiency and some formalities, made permanent by the petitioner. On that basis and relying upon the judgment of the Supreme Court in Gujarat Agricultural University V/s. Rathod Labhu Bechar and Ors. [2001(1) GLH 465], the reliefs as aforesaid were granted.