SAVARKUNDLA MUNICIPALITY Vs. AMBABHAI SAVJIBHSI KANENA

JUDGEMENT

(1.) ADMIT. Learned advocate Mr. I. G. Joshi, waives service of notice of admission on behalf of the respondent No.1.

(2.) The present appeal filed under Clause 15 of the Letters Patent, 1865 is directed against the common oral order dtd. 12/10/2023 passed by the learned Single Judge rejecting the writ petition filed by the appellant - Savarkundla Municipality assailing the award dtd. 30/7/2018 passed by the Industrial Tribunal, Bhavnagar (for short, 'the Tribunal') in Reference (IT) No.151 of 1999 directing the appellant ' Municipality to absorb the respondent No.1 ' Ambabhai Savjibhai Kanena on the post of Bore Operator. The Reference (IT) No.151 of 1999 was partly allowed and he was directed to be made regular and for the intervening period, the Tribunal has directed that the appellant' Municipality to regularize the respondent workman from the date of reference i.e. from 2/11/1999 along with other benefits however, till 2/11/1999, the Tribunal had directed that the intervening period shall be treated as notional. So far as the date of appointment as Bore Operator is concerned, he is appointed on 1/3/1999 and the same is not disputed.

(3.) The workman, who is engaged as Bore Operator in the Water Works Department of the Municipality, raised a demand of regularization, which culminated into reference proceedings. The same was assailed by the appellant ' Municipality by way of filing the captioned writ petition. The learned Single Judge has pleased to reject the same and the said rejection has given cause to file the present Letters Patent Appeal.