SADRUDDIN MADHUBHAI MAKHANI Vs. JETPUR MUNICIPALITY

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for appropriate writ, order or direction to hold and declare that the petitioner has become permanent employee of the respondent municipality. It is also further prayed to direct the respondent to pay regular scale to the petitioner and to pay arrears of salary according to the scale from the year 1990 till today, to which the petitioner is entitled from the date of his appointment.

(2.) THE facts leading to the present petition in nutshell are as under:

(3.) MS . Lilu Bhaya, learned advocate appearing for the petitioner has vehemently submitted that as such now the petitioner has attained the age of superannuation in the year 2006 itself. It is submitted that for all these years, the petitioner was continued in service on daily wager. It is submitted that even in the judgment and award passed by the learned Industrial Tribunal dated 22.03.2004 passed in Reference (I.T.) No. 129 of 1994 in the operative portion of the order, the learned Tribunal specifically directed that as and when the process for regular recruitment takes place, the petitioner shall be given priority. It is submitted that as such in the year 1990, some other persons named in the petition were appointed on regular basis. It is submitted that therefore, the action of the respondent in not regularizing the service of the petitioner in regular post/setup of not paying regular payscale is absolutely illegal and even contrary to the direction issued by the learned Industrial Tribunal. Making the above submissions, it is requested to allow the present Special Civil Application.