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Jetpur Navagadh Nagarpalika Thro Chief Officer vs Ketan M Pandya & 1

High Court Of Gujarat|13 December, 2012
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JUDGMENT / ORDER

1. By way of this petition, the petitioner has prayed to quash and set aside the judgement and award dated 6.3.2004, passed by the Industrial Tribunal, Rajkot, in Reference (IT) No. 24 of 1995, whereby the the Tribunal has directed the petitioner­ Nagarpalika to appoint the respondents­workmen, on the post of Recovery Clerk from 1.1.2004 and pay all benefits available to them as also the arrears for the difference in pay scale from 1.1.2004.
2. The short facts leading to filing of this petition are that the respondents herein, raised a dispute for regularization of their services, which culminated into reference (IT) No. 24 of 1995 before the Industrial Tribunal, Rajkot. It is the case of the respondent­workmen that they were appointed as temporary recovery Clerk with the Petitioner­Nagarpalika and they completed one year service, therefore, they are required to be regularized from the date of completion of one year from their initial appointment.
2.1. The petitioner­Nagarpalika resisted the reference by filing writing statement. The Tribunal, vide judgment and order dated 6.3.2004, directed the petitioner­Nagarpalika to appoint the respondents­workmen, on the post of Recovery Clerk from 1.1.2004 and pay all benefits available to them as also the arrears for the difference in pay scale from 1.1.2004. Hence, this petition.
3. I have heard learned advocate for the petitioner. This Court is of the view that the Tribunal after taking into account the long service of the respondent­workman with the petitioner­ Nagarpalika, has passed the judgment and award and granted the minimum pay scale to the respondent­workmen from 1.1.2004. I am in complete agreement with the view taken by the Tribunal in passing the award. I do not find any infirmity much less any perversity in the impugned order passed by the Tribunal. Therefore, the petition deserves to be dismissed and the same is accordingly, dismissed. Rule is discharged. Interim relief, if any, stands vacated.
[K.S.JHAVERI,J.] pawan
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Title

Jetpur Navagadh Nagarpalika Thro Chief Officer vs Ketan M Pandya & 1

Court

High Court Of Gujarat

JudgmentDate
13 December, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Bhavesh P Trivedi
  • Mr Rr Trivedi