BANTVA NAGARPANCHAYAT Vs. TARABEN MEGHRAJBHAI DAKSHINA

JUDGEMENT

(1.) HEARD learned advocate for the parties.

(2.) THE petitioner, first party employer ­ Nagar Panchayat in Reference (IT) No.725 of 1984 (Old Reference (IT) No.468 of 1984) of the Industrial Tribunal, Rajkot has approached this Court under Articles 226 and 227 of the Constitution of India challenging the award and order dated 28/08/2001 passed by the Industrial Tribunal, whereunder the petitioner is directed to accord to the respondentworkman, the pay scale of Rs.440800 that is the payscale of Panchayat Secretary and grant him all admissible allowances based thereupon within two months from the publication of the award.

(3.) LEARNED advocate for the petitioner has invited this Court's attention to the provision of the aforesaid Recruitment Rules and contended that the appointing authority is the District Development Officer and admittedly the District Development Officer is not a party in the proceedings. The direction in absence of the competent party, issued by the tribunal is no avail to the workman. Merely holding of the charge of the post in itself would not be sufficient for appointing the workman to the post and as the elaborate recruitment procedure was not followed and admittedly the charge was held, the same would not be sufficient for the workman to be entitled to receive the benefits of appointment and grade.