LAWS(BOM)-2016-12-222

CHIEF EXECUTIVE OFFICER Vs. SHRI UMESH TOTARAM BHAVSAR

Decided On December 07, 2016
CHIEF EXECUTIVE OFFICER Appellant
V/S
Shri Umesh Totaram Bhavsar Respondents

JUDGEMENT

(1.) In all these petitions, the petitioner / Zilla Parishad, Dhule is aggrieved by the judgments of the Industrial Court dated 27/08/1996 delivered in all the ULP complaints filed by the respondents / employees, by which the respondents have been granted permanency and all consequential benefits. While admitting these petitions on 09/10/1997, this Court granted interim relief in terms of prayer clause "D" and as a consequence of which, the execution and operation of the impugned judgments was stayed.

(2.) Since the Zilla Parishad, Dhule is the petitioner in all these matters and as the respondents are identically situated employees, all these matters have been taken up together for hearing by the consent of the parties. For the sake of brevity, the parties would be referred to as the petitioner/Establishment and the respondents/ employees.

(3.) The issue raised in these petitions by the Establishment is as to whether the Zilla Parishad can create posts, whether the Zilla Parishad can grant permanency or regularization under the orders of the Chief Executive Officer and whether the Zilla Parishad could be held guilty of unfair labour practices for having continued the daily wage employees as 'temporaries' or 'daily wagers' for years together.