BANTVA MUNICIPALITY Vs. AMBRISH PRITHVIRAJ RATHOD & ANR

JUDGEMENT

(1.) Challenge in these two petitions is made by both the sides to the award passed by the Industrial Tribunal, Rajkot in Reference (IT) No.57 of 2005 dated 22.05.2015. By the impugned award, the Tribunal has directed that the concerned workman be treated to be in regular employment as the Clerk from 31.05.1996, with all consequential benefits, including the consideration of the revision of pay as adopted by the Municipality qua other employees. The Tribunal has, however, directed the entire period upto the date of award i.e. 22.05.2015 as notional and the workman is not entitled to any arrears till the date of the award. The employer Municipality has challenged the impugned award in Special Civil Application No.14768 of 2015, contending that the regularisation ought not to have been awarded. The workman has challenged the impugned award in Special Civil Application No.14855 of 2015, contending that the grant of benefits notionally is arbitrary and discriminatory and that arrears ought to have been granted to the workman. It is this award, which is being examined by this Court in these two petitions, at the instance of the contesting parties.

(2.) Rule.

(3.) Mr. Deepak Sanchela, learned advocate for the Municipality employer has submitted that, the workman was not appointed after following due procedure and therefore no relief could have been granted to him, much less grant of regular pay-scale to him. It is submitted that the workman was discontinued in the year 1998 and he had not completed even three years of service, the aspect which is not considered by the Tribunal. It is submitted that the Tribunal, at the best, could have awarded some compensation in favour of the workman. In support of this contention, reliance is placed on the decision of Hon'ble the Supreme Court of India in the case of Vice-Chancellor, Lucknow University versus Akhilesh Kumar Khare, 2015 LawSuit(SC) 838. It is submitted that the petition filed by the Municipality be allowed and the petition filed by the workman be dismissed.