HASMUKHBHAI MAGANBHAI HARIJAN Vs. COMMISSIONER V M C

JUDGEMENT

(1.) THESE intra-court Appeals have been filed challenging the judgment of the learned Single Judge dated 19.11.2010 by which learned Single Judge has dismissed the writ petitions filed by the appellants. The petitioners were working as Safai Sevaks since 1988. They started claiming pay and post of supervisor-the next higher post. A reference was made to the Industrial Tribunal and the Industrial Tribunal, by its award dated 28.4.2010 passed in Reference (IT) No.29 of 2005 dismissed the reference on the ground that the petitioners were not qualified to be appointed or promoted as supervisor. This order has been affirmed by the learned Single Judge in writ petition by recording the following findings.

(2.) WE find no illegality either in the award passed by the Industrial Tribunal or in the judgment passed by the learned Single Judge. The learned counsel for the appellants has urged that even the respondent is not permitting the petitioners to work as Safai Sevaks. The effect of dismissal of the reference by the Industrial Tribunal or by the writ court or by these Appeals rejecting the claim of the appellants for the post of supervisor does not result in termination of services of the appellants. Therefore, the respondent shall permit the appellants to continue to work as Safai Sevaks in accordance with law, if their services have already been not terminated.