DARSHAK NATVARLAL ANTANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners herein are the employees of the Bhuj Municipality; their services having regularized by the award of the Labour Court. The petitioners herein are constrained to approach this Court in view of the decision dtd. 5/4/2016 passed by the respondent No.3 and have prayed for the following reliefs:

(2.) Heard Mr. Gautam Joshi, learned Senior Counsel appearing with Mr. Bhavin B. Thaker, learned advocate appearing for the petitioners, Ms. Nidhi Vyas, learned AGP appearing for the respondent Nos.1 to 4 and Mr. B.Y. Mankad, learned advocate appearing for the respondent No.5.

(3.) Mr. Gautam Joshi, learned Senior Counsel appearing for the petitioners, submitted that the petitioners herein are employees of the respondent No.5 - Bhuj Municipality; their services having regularized by the award of the Labour Court, which is undisputed. It is submitted that in-spite of the aforesaid, though the petitioners herein are extended the benefits of the 5thpay commission, the petitioners herein are declined the benefits of the 6thpay commission. It is submitted that the respondent No.5 has moved a proposal wherein, the expenditure of the Municipality is 61% in the year 2013 and in view thereof, the said proposal stands rejected. It is submitted that vide Resolution dtd. 3/9/2010, the State Government resolved that the limit of the establishment expenditure has been increased from 45% and the Municipalities whose establishment expenditure does not exceed 48%, shall grant the benefits of 6thpay commission as per the conditions mentioned in the Resolution.