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Judgment
M.R. Shah, J.—By way of this petition under Article 227 of the Constitution of India the Petitioner-Gujarat Housing Board has prayed for an appropriate writ, order or direction quashing and setting aside the impugned judgment and award dated 18/05/2009 passed by the learned Labour Court, Jamnagar in Reference (L.C.D) No. 1/1992 by which the Labour Court has directed the Petitioner to pay the benefits of permanent employee to the concerned workman from the date on which he has completed 240 days.
The concerned workman was appointed and was serving as a daily wager. He raised an industrial dispute for getting the benefit of permanent employee i.e. as driver on completion of 240 days and the same was referred to the Labour Court, Jamnagar, which was numbered as Reference (L.C.D.) No. 1/1992. The Labour Court vide impugned judgment and order dated 18/05/2009 partly allowed the Reference and directed the Petitioner to pay all the benefits of permanent employee/driver from the date on which the concerned workman completed 240 days till he expired/died. Being aggrieved and dissatisfied with the same the Petitioner-Gujarat Housing Board has preferred the present Special Civil Application under Article 227 of the Constitution of India.
Ms. Renu Singh, learned advocate appearing on behalf of Shri Ravani, learned advocate appearing on behalf of the Petitioner has vehemently submitted that considering the fact that the appointment of the concerned workman was as a daily wager, the Labour Court has materially erred in directing the Petitioner to give the benefit of permanent employee on completion of 240 days. It is submitted that unless and until the workman would have been appointed on permanent post after following due procedure of selection the Labour Court ought not to have passed such an award by granting the benefit of permanent employee/driver and, therefore, it is requested to allow the present Special Civil Application.
Though served, nobody appears on behalf of the Respondent.
Having heard Ms. Renu Singh, learned advocate appearing on behalf of the Petitioner and considering the impugned judgment and award and considering the fact that the concerned workman was serving as a daily wager only without following any procedure of selection and without appointing him on a permanent post, the Labour Court has materially erred in directing the Petitioner to pay the benefits of permanent employee from the date of completion of 240 days. The aforesaid judgment and award passed by the Labour Court cannot be sustained and the same is contrary to the decision of the Hon''ble Supreme Court in the case of Secretary, State of Karnataka and Others Vs. Umadevi and Others,
In view of the above and for the reasons stated hereinabove, the present petition succeeds. The impugned judgment and order dated 18/05/2009 passed by the learned Labour Court, Jamnagar in Reference (L.C.D) No. 1/1992 is hereby quashed and set aside. Rule is made absolute to the aforesaid extent. No cost.