Umrala Gram Panchayat vs The Sec.Municipal Employee Union & Ors

For the purpose of considering the rival legal contentions urged on behalf of the parties in these appeals and with a view to find out whether this Court is required to interfere with the impugned judgment and orders of the High Court as well as the Award of the Labour Court, the necessary facts are briefly stated hereunder:

On 23.07.1987, the workmen raised an industrial dispute before the Conciliation Officer at Bhavnagar, through the respondent no.1, Municipal Employees Union (for short "Union") stating therein that after rendering services for a number of years, the workmen are entitled to the benefit of permanency under the appellant-Panchayat. The settlement between the workmen and the appellant-Panchayat failed to resolve amicably during the conciliation proceedings and therefore, the failure report was sent to the Dy. Commissioner of Labour, Ahmedabad, who referred the same to the Labour Court vide Reference (LCD) No.6/88. The Labour Court by its Award held that the workmen are to be made permanent employees as safai kamdars in the appellant-Panchayat. The Labour Court has further directed the appellant- Panchayat that the workmen should be paid wages, allowances and other monetary benefits as well for which they are legally entitled to.

Aggrieved by the Award of the Labour Court, the appellant-Panchayat filed an appeal before the single Judge of the High Court, whereby the same was dismissed and it was held that the view taken by the Labour Court is just and proper as it has assigned cogent and convincing reasons for arriving at the conclusion that the services of the concerned workmen should be made permanent as the other employees of the appellant. The appellant, thereafter, filed an LPA before the Division Bench of the High Court, which was also dismissed as not maintainable. Hence, these appeals have been filed by the appellant seeking to set aside the judgments and orders of the High Court as well as the Award passed by the Labour Court.

In view of the reasons stated supra and in the light of the facts and circumstances of the present case, we hold that the services of the concerned workmen are permanent in nature, since they have worked for more than 240 days in a calendar year from the date of their initial appointment, which is clear from the evidence on record. Therefore, not making their services permanent by the appellant-Panchayat is erroneous and also amounts to error in law. Hence, the same cannot be allowed to sustain in law.

For the reasons stated supra, we dismiss the appeals and direct the appellants to treat the services of the concerned workmen as permanent employees, after five years of their initial appointment as daily wage workmen till they attain the age of superannuation for the purpose of granting terminal benefits to them.

The appellant is further directed to pay the regular pay-scale as per the revised pay scale fixed to the post of permanent safai kamdars for a total period of 15 years to the concerned workmen and the legal representatives of the deceased workmen. The same shall be implemented within six weeks from the date of receipt of copy of this judgment and compliance report of the same shall be submitted for the perusal of this Court. No Costs.

............................................................J. [V. GOPALA GOWDA] ..........................................................J. [C.NAGAPPAN] New Delhi, March 27, 2015 ITEM NO.1A-For Judgment COURT NO.10 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS C.A.No......./2015 @ SLP (C) No(s). 7105-7106/2014 (Arising out of impugned final judgment and order dated 23/07/2013 in LPA No. 551/2013,23/07/2013 in SCA No. 7082/1994,23/07/2013 in MCA No. 3071/2012,13/07/2010 in SCA No. 7082/1994 passed by the High Court Of Gujarat At Ahmedabad) UMRALA GRAM PANCHAYAT Petitioner(s) VERSUS THE SEC.MUNICIPAL EMPLOYEE UNION & ORS Respondent(s) Date : 27/03/2015 These petitions were called on for pronouncement of JUDGMENT today.

For Petitioner(s) Mr. Pukhrambam Ramesh Kumar,Adv.

For Respondent(s) Mr. S. C. Patel,Adv.

Hon'ble Mr. Justice V.Gopala Gowda pronounced the judgment of the Bench comprising His Lordship and Hon'ble Mr. Justice C. Nagappan.

Leave granted.

The appeals are dismissed in terms of the signed Reportable Judgment.

(Signed Reportable judgment is placed on the file)