MAPUSA MUNICIPAL COUNCIL Vs. KRUPAL HALLIKAR

JUDGEMENT

(1.) This is a common order on the above two petitions between the same parties which petitions have been, by the order dated 7th March, 2013, directed to be disposed of finally at the stage of admission. Writ Petition No. 76/2013 is directed against the award dated 1st April, 2011 passed by the Industrial Tribunal directing reinstatement of respondent no. 1 with full back wages and continuity of service. Writ Petition No. 114/2013 is directed against the award dated 11th December, 1998 of the Industrial Tribunal declaring that respondent no. 1 along with eight others was a permanent workman of the petitioner with effect from 24th February, 1995. The petitioner is a Mapusa Municipal Council.

(2.) The factual matrix of the two petitions is as under:

(3.) In the reference the petitioner failed and neglected to appear before the Industrial Tribunal after filing its reply. Consequently, by the order dated 15th April, 1996 the Industrial Court directed for the reference to proceed for ex-parte hearing. Then by the order dated 11th December, 1998, the reference was answered in favour of the workers declaring the petitioner and seven others as permanent workmen from 24th February, 1995. The eighth workman was declared as permanent workman from 2nd April, 1995 and the ninth workman was held not entitled to be declared as a permanent workman. This order is sought to be challenged by the petitioners by Writ Petition No. 114/2013 filed on 13th February, 2013 i.e. 15 years after the same was passed. The petition has been filed despite the fact that the award has already been given effect to by absorbing the concerned workers as permanent workers, some of whom today stand retired on attaining the age of superannuation and some are still in service of the petitioner as permanent workmen. The prayers in the petition does not restrict the challenge to regularization of respondent no. 1.