NAGAR PALIK NIGAM SAGAR Vs. ANAND MANGAL GURU

JUDGEMENT

(1.) THE writ petitions have been filed by Municipal Corporation, Sagar and by the workmen aggrieved by award dated 28-10-2005 passed by the Labour court, Sagar in Case No. 94/01/idr.

(2.) CASES of workmen Anand Mangal Guru, Dev Kumar Choubey and ajay Kumar Mishra were referred for adjudication to the Labour Court. Anand mangal Guru was appointed as Health Inspector on 25-11-1997, Dev Kumar choubey and Ajay Kumar Mishra were appointed as Safai Daroga w. e. f. 25-11-1997. They had rendered continuous services. They prayed for the relief of declaring them to be permanent employee and different of wages. It was claimed by them that they were employed as against the vacant posts but their services were not regularized.

(3.) MUNICIPAL Corporation, Sagar in its reply contended that appointment was not made as per rules. Vacant posts were not available. Even if they had worked for more than 240 days in a calendar year, they are not entitled to be regularized in the services. The Labour Court, Sagar earlier passed an award (P-3), dated 5-6-2004 directing that regularization may be made w. e. f. 25-11-1997. The matter travelled to this Court in W. P. S. No. 10815/2004. This court allowed the writ petition, set aside the award passed by the Labour Court and remitted back the case to the Labour Court to examine the question of availability of vacant post for the purpose of classification. Thereafter, the impugned award has been passed after recording the evidence on the aforesaid question. The Labour Court has ordered the classification of the aforesaid workmen without affecting the seniority of the other employees and to grant other reliefs admissible on classification. 45 days' time had been granted by the labour Court to comply with the award. Aggrieved by the award, W. P. S. No. 9366/2006 has been filed by the Municipal Corporation, whereas other three writ petitions have been filed by the workmen claiming that difference of wages ought to have been granted with effect from the date the right had accrued to them of being classified on permanent basis.