MUNICIPAL COMMISSIONER Vs. GUJARAT MAZDOOR SENA WORKERS

JUDGEMENT

(1.) THIS petition is directed against the judgment and award dated 06.10.2004 passed by the learned Industrial Tribunal No.2, Vadodara in Reference (I.T.) No. 26 of 2000 whereby the reference of the respondent came to be allowed and directed the petitioner Corporation to give all the benefits of 9827 to the concerned employees from the date on which they are entitled and also directed to put all the concerned employees in their concerned grade within 60 days from the date of the award and also directed to give difference within 90 days from the order of this award and also directed ot pay Rs. 5000 towards the costs of the respondent.

(2.) THE facts of the case in brief are that the employees of the respondentUnion are working in the petitionerCorporation since ten years as Female Health Workers and are permanent employees of the petitionerCorporation. They have not been given higher pay scale by the petitioner. The respondent, raised dispute that the members i.e Female Health Workers who have completed nine years in their service should be given higher grade pay scale of Rs. 40006000 which was filed in the conciliation and therefore, the labour Commissioner referred the dispute to the Industrial Tribunal, by way of filing reference application being Reference (I.T.) No. 26 of 2000. The petitioner filed application in the Reference which came to be dismissed by the Tribunal vide order dated 03.02.2004 in Reference (I.T.) No. 26 of 2000.

(3.) MR . R.D. Raval, learned advocate appearing for the respondent submitted an additional reply which is taken on record. In the affidavit inreply it is stated that other Corporations which include Ahmedabad and Surat have been giving the benefits of higher pay scale after 918 27 of service to all the female health workers which is revealed from the letter dated 12.08.2011, from Surat Municipal Corporation and resolution dated 15.11.1980 of Ahmedabad Municipal Corporation with General Board resolution etc.