INUSHBHAI BACHUBHAI JOKHIYA & 4 ORS. Vs. RAJULA NAGAR PALIKA THRO. CHIEF OFFICER/ADMINISTRATOR & 2 ORS.

JUDGEMENT

(1.) (Oral) - The present appeal is directed against the order dated 04.09.2015 passed by the learned Single Judge of this Court in Special Civil Application No.3828/02 and allied matters, whereby the learned Single Judge, for the reasons recorded in the order, has dismissed the petition.

(2.) We have heard Mr. Mishra, learned counsel for the appellants-orig. petitioners.

(3.) The contention raised was twofold. One was that the settlement was arrived at between the original petitioners and the respondent municipality before the Industrial Tribunal for grant of permanency benefit and the award passed was based on the said settlement and once the award was passed, the municipality could not terminate the services. The second limb of argument was that even if settlement did not exist, prior to the settlement, the original petitioners were working as daily wagers with the municipality and therefore the original petitioners should have been continued as daily wagers and even if the services were to be terminated as daily wagers, the retrenchment compensation was required to be paid which was not paid and therefore also, the termination would be bad in law. As per Mr. Mishra, the learned Single Judge did not properly consider the said aspect and this Court may consider in the present appeal.