JASDAN NAGARPALIKA Vs. ANILBHAI DAHYABHAI BARIYA

JUDGEMENT

(1.) Heard learned advocates for the parties and perused the records.

(2.) This Letters Patent Appeal is directed against the judgment and order dtd. 4/2/2022 passed by the learned Single Judge, whereby the Nagarpalika is directed to grant benefit of wages at the minimum of the pay-scale of Safai Kamdar in terms of the decision of the Hon'ble Apex Court in the case of State of Punjab versus Jagjit Singh reported in (2017) 1 SCC 148 as well as in view of the findings returned by the learned Single Judge in the judgment impugned, from the date of filing of the writ petition before this Court.

(3.) The writ petition namely Special Civil Application No. 5893 of 2008 arose out of the Labour Court's award dtd. 11/5/2007 passed in Reference (LCD) No. 10 of 1997, whereby the Labour Court has dismissed the Reference seeking regularization in services, preferred by the petitioner - workman / respondent herein. There is no dispute about the fact that the respondent - workman was appointed as a daily wager - Safai Kamdar on 24/8/1992 and has continued to work till the year 1997 when he made Reference for regularization of his services. The relief of regularization was turned down by the Labour Court noticing that the workman could not produce any evidence to show that he was appointed as a Daily Wager by following due procedure of recruitment.