PANKAJ SURESH LALWANI Vs. KANDLA PORT TRUST

JUDGEMENT

(1.) The petitioners are in the employment of the respondent Kandla Port Trust. They had initially joined as daily wager Khalasi(ClassIV post) in the year 2004. Subsequently, with effect from 07.09.2005, they were appointed as Maistry (ClassIII post) at the minimum of the payscale, on sanctioned vacant posts, in accordance with the Recruitment Rules, with the approval of the competent Authority. These petitioners were again sought to be treated as daily wager that too on the lower post of Khalasi vide Note dated 08.03.2010, which had given rise to this petition. During pendency of this petition, interim protection was granted by this Court, which respondent obeyed after much reluctance. The question for consideration before this Court is, as to whether there was any justification for the respondent to again treat these petitioners as daily wagers, that too in the lower post.

(2.) Heard Mr. T.R. Mishra, learned Advocate for the petitioners and Mr.Dhaval D. Vyas, learned Advocate for the respondent Management.

(3.) The relevant facts, in brief, as emerging from record are as under.