GUJARAT SLUM CLEARANCE BOARD Vs. GENERAL SECRETARY

JUDGEMENT

(1.) The petitioner Gujarat Slum Clearance Board has challenged in this petition the impugned Award dated 21.10.1991 passed by the learned Industrial Tribunal, Ahmedabad, in Reference I.T. No.128 of 1991, whereby the learned Tribunal declared that the pay scale of Rs.1200-1800 was applicable to the employees Work Assistance with effect from 1.5.1986 and accordingly the petitioner Board was directed to fix their pay scale of Rs.1200-1800 of those Work Assistance with effect from 1.5.1986.

(2.) Learned Counsel Shri Bambhania for the petitioner submitted that the post of Work Assistance was never in existence till 1987. However, as per Circular (Annexure : C) the permission was granted w.e.f. 1.7.1987. Similarly, as per Resolution dated 9.7.1987 the Rules were applicable w.e.f. 1.7.1987. This aspect was totally lost sight by the Tribunal while passing the impugned Award. He, therefore, submitted that at least the impugned Award be modified with effect from 1.7.1987, instead of 1.5.1986 ordered by the learned Tribunal.

(3.) It may be stated that initially the Notice was issued by the Division Bench of this Court way back on 18.11.1992 and while issuing notice the Division Bench stayed part of the Award giving effect to the Award w.e.f. 1.5.1986. Though served, no one appeared, therefore, on 25.11.1992 the petition was admitted by issuing Rule and stay of Award, so far it grants revised pay scale from 1.5.1986 to 1.7.1987, was granted. Thus, the part of the Award remained stayed till today.