1. In this group of petition, learned advocate for the petitioner Shri Sanchela submits that he has received instructions from Shri N.N. Patel, Chief Officer, Keshod Municipality that Municipality would make proposal in terms of the Labour Court's order impugned in this petition and in view of the order passed by this Court on 30.11.2007 and in view of the observations of Para-53 in case of Secretary, State of Karnataka and others, Vs. Umadevi(3) and others, reported in (2006)4 SCC 1, for regularizing the workmen covered under the award within 90 days from the date of receipt of writ of copy this order and the award if need be modified so that in case if the proposal is not approved, the workmen may have their right to challenge the same in accordance with law.
2. Learned advocate appearing for respondent workmen places on record the instructions received from the workmen in writing informing them that workmen have no objection if the award is modified.
3. In light of this submission, the award is modified and as per the modified award instead of straight way regularization of the workmen, now the municipality is oblige to put up the proposal to the concerned authority i.e State Government within a period of 90 days from the date of receipt of the order of this court. The Award is thus modified. The petitions are disposed of. Rule is made absolute in each matter. The Municipality thus, would be under an obligation to move the proposal in terms of the statement recorded hereinabove. It is expected of the authority concerned to decide the same as expeditiously as possible preferably within 60 days thereafter. It goes without saying that parties have liberty to assail the decision, if it is adverse in appropriate forum. It goes without saying that the modified order would entitle the workmen to continue in service on the same terms and conditions in accordance with law.
(S.R.BRAHMBHATT, J.) pallav