DHAVAL H JETHWA Vs. COLLECTOR

JUDGEMENT

(1.) As common questions on law and facts are involved in these petitions, they are disposed of by this common judgment.

(2.) By way of these petitions, the petitioners have prayed to quash and set aside the impugned orders dated 11.08.2000 & 31.08.2000 respectively passed by respondent no. 1-Collector, Bhuj-Kutch, whereby respondent no. 1 has set aside the Resolution passed by the Executive Committee, under which the petitioners were appointed as permanent.

(3.) The short facts of the case are that the petitioners were working as daily wagers on the post of Octroi Clerk with respondent no. 2-Municipality. They worked continuously as such for five to ten years. It is the case of the petitioners that vide Resolution No. 344 dated 25.11.1998, passed by the Executive Committee of respondent no. 2-Municipality, the petitioners were issued appointment letters and were made permanent employees and were given salary in regular scale of permanent employees. The petitioners worked as permanent employees of the respondent no. 2-Municipality for 21 months and they were granted all the benefits as were given to the permanent employees. It is the case of the petitioner that though they were appointed permanent employees of the respondent no. 2- Municipality, respondent no. 1- Collector without hearing the petitioners passed the impugned orders dated 11.08.2000 and 31.08.2000 respectively and converted the petitioners from permanent employees to daily wagers and were paid wages as per Minimum Wages Act as daily wager. Being aggrieved by the said orders, the petitioners have approached this Court by way of these petitions.