KANDLA PORT TRUST Vs. PUSHPA BHATRYANI

JUDGEMENT

(1.) PER K.S. Jhaveri, J:~ 1.0 A common question of law is raised in all the above petitions and therefore they are considered together. In the above petitions the petitioner Kandla Port Trust has challenged the legality and validity of the common judgment and order of the Tribunal dated 30th August, 1993 in so far as it directed the petitioner Trust to treat the respondents -employees as regular teachers from the date of initial appointment and further directing the petitioner Trust to fix their salary by giving notional increments and to pay consequential benefits flowing therefrom from 22.5.1986 (i.e., the date of constitution of the Tribunal).

(2.) 0 The respondents -teachers (hereinafter referred to as the Teachers) were originally appointed as ad hoc teachers by the petitioner Port Trust and their services were regularised on the basis of a settlement with effect from 10th September, 1980. The Teachers therefore approached Gujarat Primary Education Tribunal by filing Applications No. 122 to 130 and 158 of 1991 and claimed that they should be treated as regular employees from the date of their appointment on ad hoc basis and should be given the benefits such as pay -scales, seniority, etc.

(3.) 0 The Tribunal, after hearing the parties, partly allowed the applications and directed that the petitioner Trust should fix the pay of the Teachers after giving them notional increments from their initial date of appointment and to pay arrears of difference of salary with effect from 22.5.1986 and to continue to pay salary on that basis. However, the Tribunal held that the Teachers are not entitled to seniority for pension since there is no policy of Government. It is this decision which is questioned in the above petitions.