GUJARAT AGRICULTURAL UNIVERSITY Vs. RUDABHAI GIGABHAI

JUDGEMENT

(1.) IN this petition, the petitioner, gujarat Agricultural University, has challenged award dated 26. 11. 1999 passed by Labour Court, Junagadh in Reference (LCD) No. 25/1990 [old Reference (LCD)No. 70/87] whereby the learned Labour court has directed the petitioner-university to treat the concerned persons as "permanent workman" by conferring status of "permanancy" to the persons concerned in the Reference with retrospective effect i. e. from August, 1987. The Labour Court has also directed the petitioner-University to grant notional benefit of increase or in revision in wages for the period from 1. 8. 1987 to 31. 12. 1995 and to fix the pay of the concerned workman accordingly. By the award impugned in present petition, the labour Court has also directed the petitioner to pay, after carrying out the aforesaid exercise of notional fixation of salary, arrears with effect from 1st January, 1996.

(2.) AT the outset, it is required to be mentioned that originally when the order of reference was made, it concerned 47 workmen. For the reasons mentioned in the award, ultimately the Reference was decided in respect of 23 workmen only, whose names are mentioned in the annexure to the award. Thus, the benefits flowing from the award are restricted to or are available to the said 23 persons only. Thus, the petitiori is preferred against the said 23 persons. The heirs of one Mr. Alabhai visabhai, (whose Reference is made in sub-para 2 of the operative portion of the award)are also named/joined as respondents.

(3.) THE persons concerned in the reference raised industrial dispute demanding their regularization in service of the petitioner-University. They raised the demand on the ground that they were in the employment of the petitioner-university since last many years, however, various benefits available under law were not being extended to them and they were being exploited and unlike their counterpart in other Government or semi-Government organizations, though they had also completed work of 240 days, the benefits available under law were not being granted and extended to them. On such premise, the said persons raised industrial dispute which came to be referred to Labour Court for adjudication vide order of Reference dated 1st August, 1986. On behalf of the concerned persons, Statement of Claim was filed whereby the concerned persons claimed benefit of 'equal pay for equal work' and also the benefit of regularization and permanent status. The said Reference was contested by the petitioner-University by filing its written statement. The contesting parties adduced documentary and oral evidence. Thereafter, the Labour Court passed the impugned award. Aggrieved by the directions, the petitioner-University is before this Court.