AMITBHAI D PARIKH Vs. RAJPIPALA NAGAR PALIKA

JUDGEMENT

(1.) In this petition, the petitioner has challenged the order dated 14th April, 1991 made by the President, Rajpipala Nagar Palika, respondent No.1 herein.

(2.) One Divyakanat Ratanlal Parikh, the father of the petitioner was engaged by the Rajpipla Municipality, respondent No.1 herein (hereinafter referred to as "the Municipality") as a daily wage employee. The said Shri Divyakant Parikh was discharged from service on 3rd January, 1981. Feeling aggrieved, the said Shri Divyakant Parikh raised an industrial dispute which was referred to the Labour Court, Vadodara and was registered as Reference (LCV) No.42 of 1982. Pending the said reference, the said Shri Divyakant Parikh passed away in the year 1985. His son, the present petitioner and others were impleaded in the said proceedings as the legal representatives of the said Shri Divyakant Parikh. In the said proceedings, on 19th July, 1989, the President of the Municipality and the said legal representatives entered into a settlement. By award dated 25th July, 1989, the reference was disposed off in terms of the said settlement. By the said settlement, the claimants agreed to forego their right to back wages in the pending proceedings. The President of the Municipality agreed to offer employment to the present petitioner.

(3.) It is the case of the petitioner that pursuant to the said settlement and award dated 25th July, 1989, by order dated 11th April, 1991 made by the President of the Municipality, the petitioner was appointed as Shop Inspector in the Municipality. The said order of appointment was cancelled by the impugned order dated 14th April, 1991. Feeling aggrieved, the petitioner has preferred the present petition.