VERAVAL PATAN JOINT NAGARPALIKA Vs. MUKESHBHAI PRAVINBHAI PANDYA

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India challenging the order passed by the learned labour Court at Junagadh in Recovery 33C(2) application No.71 of 2023 below Exhibit 20 dtd. 8/10/2024 whereby the learned labour Court has directed the present petitioner to pay the difference of the wages as per the award dtd. 21/8/2015 passed in Reference (IT) No.225 of 2003 of Rs.8,49,433.00 within a period of 30 days and if the said amount is not deposited within a period of 30 days, the same shall carry interest at the rate of 7% till the actual realization.

(2.) It is the case of the present petitioner that the respondent herein has filed the Reference being Reference (IT) No.225 of 2003 alleging that though the respondents are working as per the Parishishth annexed with the Anusuchi (terms of reference) since 1996 to 1998 onward and though they have completed 240 days continuous service, their services were not regularized inspite of having the sanctioned set up and they had not been paid the benefit of regular employee. The said Reference was awarded in favour of the present respondents on 21/8/2015 and 15 employee whose name was figured in the Parishishth were granted the benefit of regularization and the petitioner was directed to make the pay fixation from the day on completion of 240 days however, the notional effect was given on the said pay fixation from the date of their regularization till the date of their award, which was challenged before this Court by way of the petition being Special Civil Application No.20968 of 2015 which came to be dismissed on 22/11/2016 by this Court as the order was not implemented by the present petitioner therefore, contempt petition came to be filed before this Court being Misc. Civil Application No.3294 of 2017 which was disposed of on 24/10/2019 by this Court with direction to implement the award within a period of two months and liberty to revive the contempt petition was reserved in case of non-implementation of said award.

(3.) Thereafter, the order was passed by the present petitioner-Nagarpalika granting the benefit of regularization from 1/1/2009 i.e. on completion of 240 days as per the calculation made by the petitioner Nagarpalika. The benefits were paid to the respondent- employee on 17/9/2019 which were remained unchallenged before any of the forum. It is the case of the present petitioner that thereafter the recovery application came to be filed before the learned labour Court claiming the benefit of the award on completion of one year of their initial appointment. The learned Reference Court after considering the evidence adduced has directed the present petitioner to pay the amount which is claimed in the recovery application, which is subject matter of consideration before this Court.