ANKUR PRAVINBHAI GANATRA Vs. BAGASARA NAGARPALIKA & 1

JUDGEMENT

(1.) HEARD learned counsel appearing for the parties. The petitioners, second party workers in New Reference I.T. No. 80/1993 from the Court of Presiding Officer, Industrial Tribunal, Bhavnagar have approached this Court under Articles and of the Constitution of India, challenging the award and order dated 24.08.2000 passed by the Industrial Tribunal in so far as, it did not award the arrears of wages once having declared them to be entitled for regularization from the date of their initial entries in the service and restricting the actual payment benefits from the date of the award for the reasons stated in the petition.

(2.) THE facts leading to filing this petition, as could be culled out from the memo of petition deserve to be set out as under; He petitioners that is tHe original workers were constrained to raise industrial dispute in respect of tHey being discriminated against in employment of tHe respondent Municipality, as despite tHey being working for tHe entire duty hours which were more than five hours, tHey were paid as part -time employees and were not given any otHer benefits of regular employees. THe said dispute was referred to tHe competent Court under order dated 28.02.1990, wHerein it was stated that three 'Tedagars' working in Bagasara Nagarpalika, namely; Jayaben Bhurabhai, Hiraben D. Trivedi and Shardaben Jagjivan Ganatra should be regularized and be paid tHe benefits of regularization with arrears from tHe date of tHe initial entry in tHe service.

(3.) LEARNED counsel for the petitioners workers further contended that the concept of 'notional' is not available to the Tribunal without there being any cogent reason for curtailing the actual payment of wages. The Tribunal has at one hand given all the benefits accepting the workers' say qua their entitlement of permanency and on other hand by restricting the benefits admissible only from the date of the award without there being any justifiable reason and hence the award to that extent is required to be modified.