The petitioners have inter alia contended that after the decision of Division Bench of this court rendered in Special civil application No. 1233 of 1977 , the petitioners are entitled to full time job. The petitioners claimed that their names were on the muster roll of the respondent-authorities as daily wagers. The petitioners got last month wages of Rs. 34.50 per day as daily wagers, but the salary is paid by the respondent-authority at the end of the month.
The petitioners have also claimed that they are entitled to benefits of resolution of the Government of Gujarat dated 17.10.1988 produced at Annexure 'B'. The petitioners have been raising demand for benefit of regular service and benefits of the said Resolution of the Government of Gujarat and the decision of the Division Bench. It is their case that instead of giving such benefits, the respondent-authorities passed the impugned resolution at Annexure 'A'. Thus, the main challenge is against the resolution dated 24.5.1996 of the respondent-panchayat. The petitioners have straightway come up for legal redressal by filing this petition under Article 226 of the Constitution of India without making representation to the respondent-panchayat or without resorting to the provisions under the Labour Laws. When the matter was called out, learned advocate Mr Patel for the petitioners in this batch of petitions contended that the petitioners first would like to make representation before the respondent-panchayat within a period of one week as,according to him,most of the petitioners have completed more than ten years of service in the panchayat. It is also submitted by him that the petitioners are entitled to benefits of the aforesaid Government resolution and the benefits arising out of the Division Bench decision of this court referred to above. It is,therefore,submitted by him that the petitioners first would like to make representation before the respondent-panchayat and the respondent-panchayat may be directed to dispose of the representation within reasonable time and in case of any adverse decision, the same may be made stayed for a week or ten days. He has further submitted that till the representation is decided by the respondent-panchayat, status-quo as on today may be ordered to be maintained.
In view of the aforesaid submission, the petitioners are directed to submit a detailed representation raising all points and contentions raised in this batch of petitions to the respondent-panchayat on or before 31.12.1996. The respondent-Savli Panchayat is directed to consider and decide the representation on merits in accordance with law within a period of twenty-five days from the date of receipt of the representation.One of the contentions raised in this batch of petitions is that some of the petitioners have put in more than a decade's service and by virtue of the impugned resolution of the respondent-panchayat dated 24.5.1996, they may have to work as part timers. In the circumstances, the respondent panchayat obviously will have to consider and decide the representation sympathetically in accordance with law as early as possible but not later than twenty-five days from the date of receipt of representation from the petitioners.
In view of the aforesaid peculiar facts and special circumstances emerging from the record of the petitions, the respondents are directed to maintain status-quo qua service conditions of the petitioners till decision and disposal of the representation of the petitioners. In the event of adverse decision upon consideration of the representation, status-quo shall remain operative for a further period of two weeks from the date of communication of the adverse decision to the petitioners.
In view of the facts and circumstances, petitions stand disposed of at the admission stage. Direct service permitted.
(J.N.Bhatt.J.)