COMMISSIONER Vs. VIJAY V GOHEL & ORS

JUDGEMENT

(1.) Heard Mr. H.S. Munshaw, learned advocate for the petitioner and Mr. T.R. Mishra, learned advocate for the respondents. 1.The petitioner has challenged the award dated 30.6.2005 passed by the Industrial Tribunal at Bhavnagar in Reference (IT) No. 68 of 2002 whereby the learned tribunal directed the petitioner Bhavnagar, Nagarpalika to pay the difference of salary to 3 claimants / workmen by treating them in pay-scale of Rs.1200-40- 2040 and to also grant benefit of pay revision as per recommendations of 5th pay commission which would entitle the said 3 claimants / workmen for pay scale of Rs.4000- 10-6000 and to pay arrears accordingly.

(2.) The factual background involved in present petition is that 3 claimants / workmen raised industrial dispute claiming that they are regular and permanent employees of Bhavnagar Nagarpalika and they are employed as clerkcum-compounder since 1990.

(3.) Mr. Munshaw, learned advocate for the petitioner Corporation assailed the impugned award on the ground that: