JETPUR NAVAGADH NAGARPALIKA Vs. ROHIT BHAGWANJIBHAI HIRANI

JUDGEMENT

(1.) By way of the present petition, the petitioner-Nagarpalika has challenged the judgment and award dated 31.12.2003, passed by the Industrial Tribunal, Rajkot, in Reference (I.T.) No. 130 of 1994, whereby the Tribunal has allowed the Reference partly and directed the petitioner-Nagarpalika to regularize the service of the respondent-workman with effect from 1.1.1995. The Tribunal further directed that the period from 1.1.1995 to 1.1.2001 shall be treated as notional period and also to pay difference of pay scale from 1.1.2001 till the date of publication of award within a period of nine days from the date of passing of the award.

(2.) Learned advocate Mr. Rathod appearing for the respondent-workman submitted that the respondent was appointed as peon by the petitioner in pursuance of the advertisement placed on the notice board and he was entitled to continue on the same post but they were wrongly discharged by the petitioner from services without issuing notice to him. Therefore, he approached Labour Court by way of filing Reference. The Labour Court partly allowed their References and directed the petitioner to reinstate the respondent-workman to his original post with continuity of service. The said order was not challenged by the petitioner. Pursuant to the said order, the respondent workman was reinstated by the petitioner.

(3.) Learned Counsel for the respondent-workmen also submitted that the General Body of the petitioner-Panchayat accepted the judgment and award of the Tribunal by passing a Resolution dated 28.1.2004. However, pursuant to the request made by the Chief Officer, the Collector granted stay against the General Body Resolution by order dated 10.3.2004.