KHAMBHAT NAGAR PALIKA Vs. GUJARAT GENERAL KAMDAR UNION

JUDGEMENT

(1.) The present petition is filed by Khambhat Nagar Palika ("the Nagarpalika" for brevity) challenging the award passed by the Presiding Officer, Labour Court, Anand in Reference (Demand) LCA No.38/ 92 dated 28.7.1998. By the said award one Smt. Rekhaben Narendrabhai Acharya has been ordered to be placed at par with Class IV employees along with pay scale and other benefit applicable to Class IV employees, to be paid within 30 days of the publication of the award. The contention of the Nagar Palika is that the said award is arbitrary, illegal, violative of the Constitutional guarantees enshrined under the Constitution of India and is also against the evidence on record and in addition thereto it is contrary to the settlement arrived at between the Nagar Palika and two recognised unions in respect of revision of pay. A copy of the impugned award is annexed to the petition at Annexure 'A'.

(2.) The facts giving rise to the present petition are as under:

(3.) On the other hand, the demand made by respondent no.1 union which came to be referred as LCA NO.38/ 92 came to be decided by award dated 28.7.1998, which came to be published on 27.8.1998, whereby respondent no.2 was directed to be placed as a Class IV employee and be paid salary as admissible to Class IV employees. The difference of salary from the date of her joining in the petitioner Nagar Palika with all other benefits and the said award was ordered to be complied with within 30 days from the date of its publication with cost of Rs.1500.00. It may also be noted that, the demand was raised for three employees, namely, Smt.Subhadraben C. Shah, Smt. Rekha N. Acharya and Smt.Kantaben M. Patel. The other two employees, namely, Smt. Subhadraben and Smt. Kantaben entered into a settlement with the Nagar Palika and agreed to terms and conditions of pay scales as settled between the two recognised unions and the petitioner Nagar Palika.