Mr.Mishra, learned counsel appearing for the petitioner has invited this Court's attention to Page No.44 to the compilation and submitted that the demands, listed at Serial Nos.8 and 9 are not pressed as they have become infructuous and therefore this matter would fall within the jurisdiction of learned Single Judge only. The demands at Serial Nos.8, 9 and 10 are reproduced hereunder:-
"8. The heirs of the Milk Booth Operator should be appointed in case of their death or any other reason for ceasing as Milk Booth Operator.
9. The present rate of Commission must be enhanced to the extent of minimum wages and the grade of Rs.210-270 should be granted as is granted to the dairy employees. In other cases, the commission of 0.10 paise on every Rs.1/- sale must be given to the Milk Booth Operators.
10. Milk Booth Operators should be granted apart from commission all benefits like PL, Gratuity, Bonus, LTC, Provident Fund, Casual Leave etc. as is being granted to the regular employees of the Dairy and the benefits in terms of money should be granted and paid to them for the benefits not granted to them till date."
Mr.Patel, learned counsel for the respondent submitted that as the matter arise out of the award, concerning the demands of revision of wages and Serial No.10 includes wages of revision as entitlement to the LTC to the revision of wages, this matter be placed before the Division Bench and in view of Rule-2(12) of the Gujarat High Court Rules, this would be required to be heard by the Division Bench.
Mr.Mishra, learned counsel contended that the LTC cannot be said to be wage revision and the admissibility of the wages equivalent to regular employee qua workman covered by reference cannot be said to be wage revision, therefore, this matter would fall under the jurisdiction of learned Single Judge.
This Court is of the considered view that in light of these contentions, the Office may place this matter before the Hon'ble Acting Chief Justice to pass appropriate orders for placement of the matter.
[S.R.BRAHMBHATT, J.] ..mitesh..
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