SAVARKUNDLA MUNICIPALITY Vs. ANANDBHAI PARSHOTAMDAS SARIYA

JUDGEMENT

(1.) Heard Mr.Sanchela, learned advocate for the petitioner Municipality and Mr.Songara, learned advocate for the respondent workman.

(2.) In present petition, the petitioner Municipality has challenged award dated 27.1.2010 passed by the learned Industrial Tribunal at Bhavnagar in Reference (IT) No.36 of 2006 whereby the learned Tribunal has rejected the demand by the claimant for regularization in service and/or status of permanent workman. However, the learned Tribunal has directed the Municipality to pay salary to the claimant at par with other regular and permanent employees in the same category / cadre in which the claimant is engaged and working. The learned Tribunal has also directed the petitioner Municipality to fix the claimant's salary in the same pay scale as of permanent employees with effect from 1.5.2004 and to treat the period from 1.5.2004 till the date of award as notional and to start paying salary in regular pay scale with effect from the date of the award.

(3.) So far as the factual background is concerned, it has emerged from the record that the claimant raised demand for regularization in service and for status of permanent workman in category of Clerk. He raised the said demand on the premise that he was engaged by the Municipality as Clerk with effect from 1.5.2004 and he was working as such and performing all duties and functions of a Clerk and that he performed the duties similar to the duties performed by regular / permanent Clerk of the Municipality. The said demand came to be referred for adjudication to the learned Tribunal at Bhavnagar vide order of reference dated 14.6.2006 passed by the appropriate Government.