9911796707
TMI Blog1997 (7) TMI 699X X X X Extracts X X X X X X X X Extracts X X X X ..... or that purpose, the Corporation has set up four dental clinics. The dentists attending the said clinics are the Corporation's employees recruited through the positive act of selection as provided under the statutory rules framed in that regard. Whenever any doctor of the Corporation is on leave, the Corporation takes the services of private doctors only with a view that patients may not be inconvenienced. Such doctors in lieu of their services are paid their fee on daily basis. The respondent herein is a dental surgeon who was carrying on his private practice from private clinics. Since early seventies the Corporation had been taking the services of the respondent for treating the patients whenever the Corporation's dental surgeons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicable to the case of the respondent. 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. Aggrieved, the Corporation challenged the said award in the High Court of Gujarat by means of a petition under Article 226 of the Constitution. 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. Aggrieved, the appellant has come up in appeal before this Court. 3. The first questi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Corporation. The circular dated October 4, 1980 again was issued with reference to the award given in IT Reference No. 179 of 1975, Standing Committee Resolution No. 2846 dated 6-12-1978 and Municipal Corporation Resolution No. 969 dated 29-12-1978 directing the department to make the staff permanent who have put in a requisite number of days in the service of the Corporation. By the subsequent circular dated 26-8-1982 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. Thereafter the Corp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r adequacy of the evidence in support of the finding of fact reached by the competent courts or the tribunals, but this, however, does not debar the High Court from its power to enquire whether there is any evidence in support of a finding recorded by the inferior court or tribunal. It is well established that there is a difference between a finding based on sufficiency or adequacy of evidence and a finding based on no evidence. If the finding of fact recorded by the tribunal is based on no evidence, such a finding would suffer from error of law apparent on the face of record. As noticed earlier that award of the tribunal and circulars issued in pursuance thereof by the Corporation were not applicable to the case of the respondent and if th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y where the recruitment in service is governed by the statutory rules. If the reasoning given by the tribunal is accepted, the statutory recruitment rules would become nugatory or otiose and the department can favour any person or appoint any person without following procedure provided in the recruitment rules which would lead to nepotism and arbitrariness. Once the consideration of equity in the face of statutory rules is accepted then eligible and qualified persons would be sufferers as they would not get any chance to be considered for appointment. The result would be that persons lesser in merit would get preference in the matter of appointment merely on the ground of equity and compassion. It is therefore not safe to bend the arms of l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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