KALOL MUNICIPALITY Vs. SHANTABEN KALIDAS

JUDGEMENT

(1.) Even when the permanent set up of a Municipality is fixed by the rules framed by it which are duly approved by the State Government in accordance with law, can the Labour Court or Industrial Tribunal give direction to treat certain number of workmen, in addition to the number fixed by the rules, as permanent workmen and grant them all the benefits available to permanent workmen ? If such direction is given by Labour Court or Industrial Tribunal, would it be binding to State Government ? These are some of the questions which have arisen for determination in this petition.

(2.) Petitioner No. 1 is a Municipality constituted under the provisions of the Gujarat Municipalities Act, 1963 (hereinafter referred to as 'the Municipal Act') and petitioner No. 2 is a School Board constituted under the provisions of the Bombay Primary Education Act, 1947. The petitioners challenge the award dated 29/03/1988 passed by the Industrial Tribunal, Ahmedabad whereby the petitioner-Municipality has been directed to treat respondent Nos. 1 to 13-Water-women - as permanent employees of the Municipality from the date of their entry in service. The Tribunal has also declared that they were entitled to claim the pay-scale of Class IV employees from 1/04/1983. As regards the difference in wages for the period commencing from 1/04/198 3/12/1984, the Tribunal directed that the said difference will not be payable to the workmen by the Municipality, while the difference in wages and other benefits from 1-1-1985 has been ordered to be paid to all the workmen within a period of three months from the date of the award. The Tribunal further directed that the workmen would be entitled to minimum wages from 1/04/1987 and their pay shall be fixed on that basis and they shall be given the benefits of annual increments and other benefits including that of uniform which were available to other Class IV employees of the Municipality. The Tribunal directed that the said benefits will be given with effect from 1/01/1985 and further clarified that they were entitled to claim all the benefits available to Class IV employees of the Municipality, such as uniform, casual leave, washing allowance, etc. It was further directed that the Municipality will be required to make payment of the aforesaid benefits to the workmen concerned calculating the same from 1/01/1985. The break in service, if any, was not to be treated -as break and they were ordered to be treated as continuous in service. The Municipality as well as the School Board have challenged the legality and validity of this award in this petition under Art. 227 of the Constitution of India.

(3.) Respondents Nos. 1 to 13 were working as water-women and they raised industrial dispute claiming that they were entitled to be treated as permanent and they should be paid wages in pay-scales and other benefits like permanent employees. They also claimed deemed date with retrospective effect on the post of water-peon and claimed difference in wages and other monetary benefits. The workmen demanded that the artificial break given in their service should be ignored and they should be considered continuous in service; the practice of giving break should be stopped and it should be declared that the workmen were entitled to claim wages even for the period of break in service. The workmen also demanded three pairs of uniform every year and claimed that they were entitled to be treated as peon and were also entitled to claim all the benefits available to Class IV employees, such as casual leave, public holidays, medical allowance, house rent allowance, fixation of seniority, benefits of gratuity etc.