GUJARAT STATE ELECTRIC WORKERS Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) RULE. Learned advocate for the respondent waives service. Invoking Articles 14, 16 and 226 of the Constitution, the petitioners have sought promotion and absorption of the employees listed at Annexure-C to the petition, in terms of the award of the Industrial Tribunal at Annexure B to the petition. The employees listed at Annexure-C are 47 in number.

(2.) AFTER pendency of the petition for 18 years, it is jointly submitted at the bar that admittedly 24 persons out of the list at Annexure-C have already been absorbed as wiremen, whereas five of the rest are no longer in service of the respondent. Thus, the petition survives for remaining 18 employees, who are still in service but who could not be absorbed on the posts of wireman on account of the Electrical Department suffering re-organization and part of the department having been handed over to the Gujarat Electricity Board. It was, therefore, submitted that even as wiremen in the Street Light Department are employed and there are 44 vacancies for wireman, the respondent would be gradually absorbing and regularizing remaining employees on the posts of wireman, but no deadline could be fixed for that purpose. An agreed list of remaining employees is placed and taken on record.

(3.) IN the above facts and circumstances, the petition was requested to be disposed with the direction that, as and when the respondent fills up the vacancies for wireman, remaining employees in the list at Annexure-C shall be given priority and they should be promoted and posted as regular and permanent wiremen as early as practicable. No further direction being required, the petition is disposed as partly allowed and Rule is made absolute accordingly with no order as to costs. Direct service is permitted.