PANCHMAHALS DISTRICT PANCHAYAT Vs. MANILAL P PRAJAPATI

JUDGEMENT

(1.) PETITIONER, Panchmahals District Panchayat has filed this petition calling in question the award dated 4.9.2003 passed by the Presiding Officer, Labour Court, Godhra in Reference Case No.226 of 2000. The petition arises in following factual background.

(2.) RESPONDENT-workman was engaged by the petitioner Panchayat on a vacant post of Bull Attendant for a period between September 1979 till May 1985. The workman challenged his termination before the Labour Court. The Labour Court came to the conclusion that the termination was effected without following the mandatory requirement of section 25F of the Industrial Disputes Act. The Labour Court, therefore, directed reinstatement of the workman with full backwages.

(3.) WHEN it was pointed out that the workman was engaged only for a fixed period pending regular selection and that upon availability of regularly recruited person, service of the workman was terminated, in my opinion, the Labour Court committed serious error holding that such action was illegal and that the workman ought to have been regularized even ignoring his having become age barred. It is by now well settled that no person in adhoc establishment has a right to be regularized without facing regular selection process and being recruited in terms of service rules through such process. Reference in this regard can be made to a decision of the Apex Court in the case of Secretary, State of Karnataka v. Umadevi, (2006) 4 SCC 1.