Heard learned advocates for the parties.
The applicants have taken out this Civil Application essentially for seeking relief as mentioned in the Civil Application, which are set out as under:
"(A) This application be allowed;
(B) This Honourable Court be pleased to direct the respondents to appoint the applicant no. 3 i.e Shobhanaben Jagdishbhai as full time daily wager sweeper with the increments flowing therefrom;
(C) Any other and/or further relief/s that may deem fit looking to the facts and circumstances of the case may be awarded to the present applicants."
The facts, as reveled indicate that the applicants are the original petitioners in main petitions being Special Civil Application No. 11865 of 2009, which came to be filed challenging the order passed by the Labour Court rejecting Reference on 29.9.2009 being Reference (Demand) Case No. 53 of 1998. During the pendency of this Special Civil Application, the applicant nos. 1 and 2 on account of they being engaged on a tractor as part timer and occasionally rendering some work, which would termed to be 'overtime', they are paid for that period more wages than the applicant no.3. The applicant no. 3 was paid Rs.54/- per day whereas, the applicant nos.1 and 2 were paid Rs.108/- per day.
Learned advocate for respondent no. 1 submitted that the respondent no. 1 has filed affidavit-in-reply in detail and submitted that as stated in para-3 of said affidavit-in-reply, case of applicant no. 3 cannot be equated with applicant nos. 1 and 2.
The Court is of the considered view that at this stage, the court need not go into such adjudicatory process so far as the present application of applicants is concerned,. The application of the applicant is not entertained at this stage. However, the claim of the applicants be considered and examine at the time of final hearing of the Special Civil Application. It is made clear that the order passed in this Civil Application may not come in the way of applicants at the time of final hearing of Special Civil Application. Civil Application stands dispose of accordingly. No costs.
(S.R.BRAHMBHATT, J.) pallav Top