PALITANA NAGARPALIKA Vs. USHABEN KHODABHAI

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India the petitioner-Palitana Nagarpalika has prayed for an appropriate writ, order or direction quashing and setting aside the impugned judgement and award dated 23/01/2009 passed by the Industrial Tribunal, Bhavnagar in Reference (I.T.) No. 51/1999 by which the Industrial Tribunal has directed the petitioner to grant all the benefits to the respondent, which are available to the permanent employee/safai kamdar and has granted permanency benefits to the respondent with effect from 1999.

(2.) Having heard the learned advocate appearing on behalf of the petitioner, it is not in dispute that the respondent is working as daily wager/safai kamdar and there is no sanction set up sanctioned by the appropriate authority. It appears that the Industrial Tribunal has granted permanency benefits to the respondent on the ground that he is working as daily wager since many years. Considering the decision of Hon'ble Supreme Court in the case of SECRETARY, STATE OF KARNATAKA AND ORS Vs. UMADEVI AND ORS. reported in (2006) 4 SCC 1 the impugned judgement and award passed by the Industrial Tribunal to grant permanency benefits to the respondent cannot be sustained.

(3.) Though served, nobody appears on behalf of the respondent. It appears that the petitioner has already approached the appropriate authority for increasing the strength of the safai kamdar and to sanction the set up.