GANDHIDHAM NAGARPALIKA Vs. AKHIL BHARATIYA SAFAI KAMDAR CONGRESS

JUDGEMENT

(1.) Challenge in this petition is made by the employer Municipality to the award passed by the Industrial Tribunal, Rajkot in Reference (IT) No. 03 of 2015 (Old Reference (IT) No. 03 of 1998) dated 29.02.2016.

(2.) Ms. K.J. Brahmbhatt, learned advocate for the petitioner Municipality has submitted that, by the impugned award, the Tribunal has granted blanket direction against the petitioner Municipality that, all the workmen of the Municipality, irrespective of cadre and irrespective of availability of regular sanctioned posts should be treated to be in regular employment with retrospective effect, on completion of one year of employment, and they should be granted all the benefits, including that of pay-scale. Attention of this Court is invited to the operative part of the impugned award, which in substance conveys that, whosoever is the member of the Union which espoused the cause, should be granted the said benefits. It is submitted that the impugned award covers around 369 workmen. It is further submitted that, though there is no direct control of the State Authorities in the matter of recruitment/appointment, whether the appointment or regularisation in service in the Municipality is within the sanctioned set up or not, is certainly an aspect, which is controlled and regulated by the Director of Municipalities. It is submitted that, the directions of the Industrial Tribunal are inconsistent with the set up of the petitioner Municipality and the Tribunal has committed error while giving such a direction. It is submitted that the impugned award be quashed and set aside.

(3.) On the other hand, Ms. R.V. Acharya, learned advocate for the respondent Union has contested this petition. It is submitted that there was material on record with the Tribunal to grant the relief, which is granted by it and no interference be made by this Court. It is submitted that undisputed seniority list of the workmen of each cadre was also placed on record and the same was proved. It is submitted that, when the Tribunal has given appropriate direction in the Reference made by the Appropriate Authority, this Court may not interfere. It is submitted that this petition be dismissed.