MEDICAL OFFICER Vs. GORDHANBHAI GOVABHAI PARMAR

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India has been preferred by the District Ayurvedic Officer, Junagadh against the judgment and award dated 11th January, 2001 passed by the Labour Court, Junagadh in Reference LCJ Demand No.16/1994.

(2.) The respondent-workman was employed by the Medical Officer, Ayurvedic Dispensary, Matiyana as part-time employee for cleaning the clinic and for filling the water. The workman continued to serve as such since 1974. In 1994, he raised industrial dispute and claimed regularisation in service as a Class-IV servant in the clinic. The said dispute came to be referred to the Labour Court, Junagadh and registered as above. The reference was contested by the petitioners. According to the petitioners, the workman was appointed as a part-time employee only for the purpose of cleaning the clinic for two hours in the morning; that there was no post of the kind in the sanctioned setup; and that the workman was paid wages out of contingency fund.

(3.) The Labour Court, by impugned judgment and award dated 11th January, 2001, held that the petitioners had failed to prove that there was no permanent post of the kind in the sanctioned setup and that the nature of work the workman was performing was of permanent nature. The Labour Court, therefore, proceeded to hold that the workman was exploited. The petitioners had adopted unfair labour practice and that the workman was entitled to regularisation in service as a Peon as a regular employee on completion of 240 days' service. Feeling aggrieved, the petitioners have preferred the present petition.