NAGAR PALIKA NIGAM Vs. SAFAI KAMGAR SANGH

JUDGEMENT

(1.) The present writ appeal is arising out of order dated 07.03.2018 passed in W.P.No.2519/2017 (Commissioner Municipal Corporation, Ujjain Vs. Adhyaksh Safai Kamgar and another).

(2.) The facts of the case reveal that the workman Meera Bai has approached the conciliation Officer in respect of an Industrial Dispute and the conciliation proceedings resulted in failure. A reference was made under Section 10 of the Industrial Disputes Act, 1947 to the Labour Court for adjudication. As per the terms of reference, the Labour Court was required to answer whether Meera Bai w/o Bherulal is entitled for permanent classification or not.

(3.) Undisputed facts also reveal that the husband of Meera Bai was also Safai Kamgar and expired while in service and in those circumstances Meera Bai was appointed as a Safai Kamgar. She was not classified as permanent employee inspite of the fact that large number of workers were classified as permanent. There were posts available with the employer. The labour Court after taking into account the evidence on record and keeping in view the M.P. Industrial Standing Rules, 1963 has answered the reference by holding that the workman is entitled for permanent classification, meaning thereby she will be entitled for the grant of minimum of the pay scale.