STATE OF GUJARAT Vs. SECRETARY MAJURMAHAJAN SANGH

JUDGEMENT

(1.) This petition is directed against the judgement and award dated 3rd November 2003 passed by Labour Court, Jamnagar in Reference (LCD) No.17 of 2001 whereby the the Labour Court directed the petitioner to reinstate the workman with 25% back wages.

(2.) One Shri Udayjayshuklal Raval was appointed with petitioner with effect from 7th April 1983 and later on his services came to be terminated. The said workman approached the Labour Court claiming the benefit of regularization with effect from 1.10.1988 and other consequential benefits. The Labour Court after adjudicating the matter passed the aforesaid award.

(3.) Learned Advocate for the petitioner has submitted that the Labour Court has committed an error in granting permanency on the basis of order passed in SCA No.4208 of 1999 where the question was about retrenchment and continuity of service. He submitted that the Labour Court has not examined the question whether there is regular vacancy and other requirements for making permanency. He therefore submitted that the petition deserves to be allowed.