1. Employing the workman in temporary capacity and to continue him/them as such for years with the object of depriving him of status and privileges of permanent workman is unfair labour practice as defined in Section 2(ra) of the Industrial Disputes Act, 1947 reads with Entry 10 of the Fifth Schedule.
2. That unfair labour practice complained of by a workman would fall within the ambit of industrial dispute as defined under Section 2(k) of the Act.
3. The Industrial Tribunal has the jurisdiction and competence to adjudicate upon all disputes which are enumerated in the Second Schedule and the Third Schedule of the Act and the dispute raised by the workman claiming right of regularization is the one comprehended under Entry-6 of the Second Schedule.
4. The power of the Industrial Court/Tribunal can not extend to do anything and everything while dealing with an industrial dispute and the direction for regularization of service of a workman is subject to following conditions:-
a) Unfair Labour Practice has been established;
b) The Workmen had been working continuously against the substantive posts against which they could be ordered to be regularized;
c) The workmen, otherwise, fulfill the eligibility qualification to hold the post;
d) If it is found that the similarly situated workmen have been regularized by the employer itself, the same would be the reason enough to direct the employer to regularize the service of the workmen who have approached the Labour Court/Tribunal.
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