Thereafter the Corporation approved the above proposal, and the Chief Accountant issued a circular dated 1.9.1982 with an amendment vide circular dated 12.10.1982 was by way of an amendment to circular dated 1.9.1982 which clearly related to the daily rated workmen of the Engineering Department.
The circular dated October 4, 1980 again was issued with reference to the award given in IT Reference No.
The respondent amongst others, also, applied in response to the said advertisement.
By the Subsequent circular dated 26.8.82 it was clarified by the Corporation that only the daily rated workmen of the Engineering Department, daily wager Majdoor and employees in the equivalent pay scale came within the ambit of the policy to make permanent such the daily rated workmen who have served the length of time prescribed by the award.
In the year 1984 the Corporation decided to fill the vacant posts of dental surgeons in its clinics, and for that purpose issued an advertisement inviting applications from qualified dental surgeons for appointments to the said posts.
179 of 1975, Standing Committee Resolution No.
Deptt.,
Aggrieved, the appellant has companye up in appeal before this Court.
179 of 1975 and the circulars issued in pursuance thereof, cannot be extended to the respondent as they are number applicable to the case of the respondent.
Aggrieved, the Corporation challenged the said award in the High Court of Gujarat by means of a petition under Article 226 of the Constitution.
This dispute was referred to the Industrial Tribunal, Gujarat under Section 10 of the Industrial Disputes Act for adjudication being reference No.
Whenever any doctor of the Corporation is on leave, the Corporation takes the services of private doctors only with a view that Patients may number be inconvenienced.
Thereafter, successive circulars were issued which companysidered the proposal to make permanent the daily rated workmen of different sections of Engg.
The Corporation submitted before the Tribunal that the respondent was number a workman companyered under the award given in Case number 179 of 1975 and further the benefit arising out of the award given in reference No.
179 of 1975 related to the permanency of daily rated workmen in different sections of the Engineering Department of the Corporation.
179 of 1975 and the circulars issued in pursuance thereof, the respondent is entitled to be made permanent in the service of the Corporation.
By the said award, the tribunal had prescribed a formula for determining the question of permanency of daily rated workmen in the Engineering Department.
The High Court dismissed the petition being of the opinion that the tribunal after appreciating the evidence on record has recorded a finding that the respondent employee is a workman, having served for a requisite number of years, thus entitled to the benefits of a permanent employee.
IT 858 of 1984.
In order to answer the aforesaid question, it is necessary to refer the award of the tribunal and the circulars issued by the Corporation.
For that purpose, the Corporation has set up four dental clinics.
The award dated June 30, 1978 given by the Industrial Tribunal, Gujarat in the reference IT No.
Since early seventies the Corporation had been taking the services of the respondent for treating the patients whenever the Corporations dental surgeons were on legve.
Materials relied upon by the tribunal in recording the aforesaid finding are, the award rendered in Ref No.
Such doctors in lieu of their services are paid their free on daily basis.
969 dated 29.12.78 directing the department to make the staff permanent who have put in a requisite number of days in the service of the Corporation.
One of the duties assigned to the Corporation under the Act is to provide medical service to the residents of the Corporation.
The dentists attending the said clinics are the Corporations employees recruited through the positive act of selection as provided under the statutory rules framed in that regard.
179 of 1975 and various circulars issued by the Corporation in pursuance thereof.
2846 dated 6.12.78 and Municipal Corporation Resolution No.
The respondent herein is a dental surgeon who was carruing on his private practice from private clinics.
However, the tribunal relying upon the aforesaid award and the circulars issued by the Corporation held that the respondent is entitled to be made permanent in the staff of the Corporation.
The case of the Union which sponsored the cause of the respondent was that since the respondent has put in 1034 days of service between 1978 and 1982 and as such in view of the award rendered by industrial Tribunal in Case No.
On being unsuccessful in the said selection, the respondent raised a dispute claiming himself to be a permanent dental surgeon in the staff of the Corporation.
However, the respondent was number selected by the Selection Committee companystituted for that purpose.
on the basis of the formula laid down by the tribunal.
The first circular dated 30.6.78 issued by the Corporation was for making permanent the daily rated workmen who have performed the duties for five years or more in different sections of Engineering Department.
The first question that arises for companysideration in this appeal is as to whether the finding of the tribunal that the respondent is a workman entitled to a permanent stays in the service of the Corporation is based upon relevant materials.
N.KHARE, J. The appellant hereinafter referred to as the Corporation is established and companystituted under the Bombay Municipal Corporation Act, 1949 hereinafter referred to as the Act .
