Bhagwanjibhai Laljibhai Parmar vs District Development Officer and Others

Jayant Patel, J.—The present appeal is directed against the order dated 4.3.2013 passed by the learned Single Judge of this Court in Special Civil Application No. 2392 of 2013, whereby the learned Single Judge, for the reasons recorded in the order, has dismissed the petition and has not interfered with the award passed by the Labour Court. We have heard Mr. Juneja, learned Counsel appearing for the appellant.

The contention raised on behalf of the appellant is that earlier when the matter had come up for hearing before this Court, this Court had remanded the matter by directing the Labour Court to consider the matter in light of the decision of the Full Bench of this Court in the case of Amreli Municipality Vs. Gujarat Pradesh Municipal Employees Union, . The Labour Court has taken into consideration the said aspect, but, he submitted that, subsequently as the Hon''ble Apex Court had delivered the judgment in the case of Secretary, State of Karnataka and Others Vs. Umadevi and Others, , the Labour Court has dismissed the Reference. He submitted that, therefore, error has been committed by the Labour Court, which has not been considered by the learned Single Judge of this Court and this Court may consider in the appeal.

It does appear from the record that earlier this Court had directed for remand of the matter and the matter was to be considered in light of the decision of the Full Bench of this Court in the case of Amreli Municipality vs. Gujarat Pradesh Municipal Employees'' Union (supra). The pertinent aspect is that in the case of Amreli Municipality vs. Gujarat Pradesh Municipal Employees'' Union (supra), this Court did not direct for regularization or permanent absorption on the ground as sought to be canvassed. In any event, subsequently, the Apex Court, in the case of N.E. Secretary, State of Karnataka and Ors. vs. Umadevi and Ors.(supra), has taken the view that the persons, who have entered the service by back-door entry cannot be ordered to be regularized when particularly, it is a statutory organization or public body. If the Labour Court has followed the said decision of the Apex Court, it cannot be said that any error has been committed by the Labour Court, which may call for interference by this Court in exercise of the power under Article 226 or 227 of the Constitution of India. The learned Single Judge has taken similar view and, therefore, we do not find that any case is made out for interference. Hence, the appeal is meritless and, therefore, dismissed.