1. By way of these petitions, the petitioners have challenged the impugned orders dated 04.07.2012, 03.07.2012, 05.07.2012, 04.07.2012 & 03.07.2012 passed in Complaint (IT) Nos.8/2003, 6/2003, 10/2003, 9/2003, 7/2003 respectively by the Industrial Tribunal, Bhavnagar, whereby the Industrial Tribunal has rejected the complaints of the petitioners.
2. The short facts as per the present petitions are as under:
2.1 The present petitioners were serving as Safai Kamdar under the respondent-Nagar Palika since last more than 22 years continuously without any break. The petitioners were appointed after following due process of law. The petitioners had completed 240 days in each year. The petitioners were made to work for 9 hours a day. The petitioners were given work as same as that of the employees on regular basis. However, the petitioners were not given the benefits which were extended to regular employees. Even the wage/salary paid to the petitioners were less as compared to that of regular basis. The petitioners were also not paid the wages for the over time. Even the services of the petitioners were not regularized.
2.2 The petitioners had filed References (IT) for regularization of services and for other consequential benefits. The said references are still pending.
2.3 On 15.09.2003, during the pendency of references, the petitioners had sought leave from respondent for attending the hearing of the References (IT), however, the respondent did not grant leave and instead threatened the petitioners to take appropriate action.
The petitioners had issued demand notices to the respondent, however, despite the receipt of the notice, the respondent did not reply to the notices.
2.4 The petitioners, therefore, filed the above complaints before the Industrial Tribunal, Bhavnagar, praying to restrain the respondent from taking any coercive step for removal of petitioners from service. After hearing the parties, the Tribunal rejected the complaints of the petitioners.
3. Mr. Harshad Patel, learned advocate for the petitioners has submitted that the impugned orders passed by the Industrial Tribunal are illegal, arbitrary and contrary to the facts and circumstances of the case. The Tribunal has failed to appreciate that the respondent-Nagar Palika has violated the provisions of Section 33(1)(a) of the Industrial Disputes Act. The Tribunal has also failed to appreciate the above facts as narrated in para-2 of this judgment. He has prayed to quash and set aside the impugned orders.
4. Having heard learned advocate for the petitioners and having gone through the averments in the petitions, this Court is of the view that ends of justice will be met in passing the following order:
(i) The Tribunal is directed to expedite hearing of the references of the petitioners pending before the Tribunal on day to day basis.
(ii) The Tribunal shall decide the references as early as possible preferably within a period of six months.
5. With the above direction, the petitions stand disposed of.
Chandrashekhar* (K.S.JHAVERI, J.)