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       C/SCA/17122/2013                                         CAV ORDER




6.1     The respondent workman had initially joined the service
as    Clerk with the petitioner Municipality on 07.11.1989 and

since then, he was working with the petitioner Municipality regularly and continuously. The Tribunal has recorded finding of fact that, the work which the respondent workman has been doing, is of permanent nature, and he had worked on the said post for years and even then he was paid his wages on daily wage basis. The petitioner Municipality had not given effect of permanency to the respondent, inspite of the fact that, on the regular set up there was a post of Clerk, which was sanctioned and vacant. It has come on record that the persons junior to him are already regularised in the service by the Municipality. With these findings of fact, the Tribunal has, in substance arrived at the conclusion that the Municipality has resorted to unfair labour practice. It is under these circumstances the Tribunal has directed that the respondent workman is entitled to wages as is payable to other regularly appointed workmen and for that purpose appropriate directions are issued. This Court finds that, the Tribunal has not committed any error while granting this relief to the workman. The impugned award therefore does not call for any interference by this Court.