DHARI GRAM PANCHAYAT Vs. SAFAI KAMDAR MANDAL RAJKOT

JUDGEMENT

(1.) These petitions are directed against two awards between the same patties made by Mr. D. M. Vin in Reference (IC-IDA) No. 52 of 1967 and Reference (IC-IDA) No. 79 of 1967.

(2.) The facts which are not in dispute lie within a narrow compass. Dhari Gram Panchayat is constituted under the Gujarat Panchayats Act 1961 There were 23 Safai Kamdar's in its employment at the relevant time. When the Safai Kamdar's as usual reported for duty between 6-00 and 7-00 A.M. on 1st June 1967 they were told that they would not be taken up on work and they were asked to go away and subsequently they were dismissed. The Secretary of the Shri Brahad Saurashtra Safai Kamdar Mandal approached the Sarpanch of the Panchayat but the Sarpanch was not available and the Up Sarpanch who met him disclosed his inability to do anything in the matter. According to Safai Kamdar's even after they were dismissed from service they continued to work in order that the town community may not be harassed. They were not paid their wages not only for the work done subsequent to dismissal but even for the month May 1967. The version of the Panchayat as to the circumstances in which Safai Kamdars were not paid their wages is slightly different. According to the Panchayat the concerned 23 Safai Kamdars were transferred to other place hut they disobeyed the order and resorted to illegal strike from 1st November 1965 to 6th November 1965. The Panchayat held an inquiry against the Safai Kamdars for their misconduct of resorting to illegal strike. At the conclusion of the inquiry the Safai Kamdars were held to be guilty of misconduct with which they were charged and punishment of compulsory retirement was imposed upon them with effect from 1 June 1967. It was admitted that the wages for the month of May 1967 were not paid but it was contended that the concerned workmen failed to return uniforms and implements and therefore payment was stopped. The Government of Gujarat referred for adjudication an industrial dispute to wit:- the 23 Safai Kamdars who were discharged with effect from 1st June 1967 should be reinstated from that date with back wages to the Special Labour Court. The Presiding Officer of the Special Labour Court by his award dated 15th December 1967 directed that the Panchayat should withdraw the order compulsorily retiring the Safai Kamdars from service and to reinstate all of them and to pay them one third of the wages which they would have earned from 1st June 1967 to the date of their reinstatement. The Panchayat was also directed to pay Rs. 150/as costs to the Brahad Saurashtra Safai Kamdar Mandal. Special Civil Application No. 347 of 1968 is filed by Dhari Gram Panchayat challenging the aforementioned award. Special Civil Application No. 705 of 1368 is filed by the Brahad Saurashtra Safai Kamdar Mandal challenging that part of the award by which the Presiding Officer directed payment of one third of the wages for the period from 1st June 1967 to the date of reinstatement and claiming that the Court should have directed the Panchayat to pay full wages for the said period.

(3.) Special Civil Application No. 32 of 1969 is directed against the award of the Special Labour Court in Reference (IC-IDA) No. 79 of 1967. Six demands were submitted by the Brahad Saurashtra Safai Kamdar Mandal on behalf of its members employed by Dhari Gram Panchayat to the Panchayat. As the demands could not be settled during the conciliation proceedings the Government of Gujarat referred for adjudication the said six demands concerning filling in vacant posts framing of gratuity scheme providing facilities for water payment of medical expenses unclean allowance and supplying of bullock carts to the Special Labour Court. The Presiding Officer of the Special Labour Court made his award in respect of the said six demands on 25th July 1968. Dhari Gram Panchayat has filed Special Civil Application No. 32 of 1969 challenging the validity of the award. 5