BIBIBEN Vs. KALOL MUNICIPAL BOROUGH

JUDGEMENT

(1.) THERE was general consensus among learned Counsel appearing on both sides that the recent Constitution bench judgment of Hon'ble Supreme Court in Secretary, State of Karnataka and others V/s. Uma Devi and others, (2006) 4 SCC 1, was applicable in all these cases and the cases of individual workman were required to be examined on its own facts for consideration by the respective Municipal Borough. THEREfore, it was submitted and agreed that each of the workmen concerned shall make a separate representation stating the mode of his appointment, period of service and the post held by him and the claim made by him on such basis. The Municipal authorities concerned shall examine the claim of each of the claimant, in light of the observations made and principles laid down in aforesaid decision of the Hon'ble Supreme Court in Secretary, State of Karnataka and others V/s. Uma Devi and others (Supra), so as to make a just order in accordance with law, in respect of the employees concerned. It was agreed that such representations shall be made by the workmen concerned within a period of 15 days from today and they will be decided by the authority concerned within one month of receipt of the representation. THEREafter, if any grievance were surviving, it would be open for the workman concerned to approach the appropriate forum. Till such representation is decided, status-quo as regards conditions of service of the workman concerned shall be maintained in respect of the workman who makes the representation within 15 days as aforesaid.

(2.) SUBJECT to the above observations and the terms agreed upon, the Letters Patent Appeals and the petitions were not pressed for any further relief and they are accordingly disposed by consent as not pressed. Rule issued in Special Civil Applications stands discharged and the interim relief, if any is operating either in Civil Applications or main petitions, shall stand vacated. There is no order as to costs.