1.0 The petitioner has prayed for the following prayer:
"[A] YOUR LORDSHIPS MAY BE PLEASED TO issue a writ of certiorari or any other appropriate writ, direction and/or order in the nature of certiorari quashing and setting aside the impugned order dated 31.12.2011 in Recovery Application Nos.109 to 2004 to 111 of 2004, 113 of 2004 to 127 of 2004, 130 of 2004 to 148 of 2004, 150 of 2004, 151 of 2004 and 153 of 2004 to 167 of 2004 passed by the learned Judge, Laobur Court, Junagadh."
2.0 The petitioner had appointed 54 persons i.e. the present respondents as daily rated employees and later on their services came to be terminated. The said employees therefore filed various recovery applications which came to be allowed directing the petitioner to deposit their salaries. It is against the said orders that the present petition has been filed.
3.0 It is required to be noted that the present petition is filed against common order passed in different Recovery Applications which is not permissible and on this ground alone the petition requires to be dismissed.
4.0 The document produced at page 31 of the petition shows that the term of the employees mentioned therein were extended upto 31.1.2003. In any case the order dismissing the respondents clearly state that they had been appointed as daily rated employees and that they continued on post. Therefore it is clear that the respondents have worked on the post in question and therefore they are entitled to payment.
5.0 Admittedly appointment orders were issued and nothing on record to show that they have not been appointed at all. The Labour Court considered the appointment orders dated 08.05.2000 and the said appointment was made on probation for the period upto 30.09.2002. The order for recovery of the salaries of the respondents-workmen passed by the Labour Court by considering the different resolutions of the municipality is just and proper. I am in complete agreement with the reasoning adopted and findings arrived at by the Labour Court. Consequently the petition is devoid of merits and the same is dismissed.
(K.S.JHAVERI, J.) niru* Top