CHIEF OFFICER Vs. MOTABHAI SHARDULBHAI

JUDGEMENT

(1.) Challenge in this petition under Articles 226 and 227 of the Constitution of India is to the award passed by the Industrial Tribunal dated 31.3.2004 in Reference (I.T.)No.305 of 1991, whereby it has directed the Municipality to regularize the respondent workmen on the post of Pumping Driver with effect from 8.3.1990. It is the case of the Municipality that out of total 24 sanctioned posts, 53 workmen were working as Pumping Driver. Due to creation of infrastructure and laying of pipelines, since water is being supplied through these pipelines, there was no need to supply the same to the people through tankers any more. 1. 1 Relying essentially on the ratio of the Apex Court rendered in the case of Mahatma Phule Agricultural University &Ors. v. Nasik Zilla Sheth Kamnagar Union &Ors., 2001(7) SCC 346 , the following prayers have been sought for:-

(2.) The affidavit of Mr. Sureshbhai Kevalaji Katara, Chief Officer, Bhavnagar is brought on record. It is contended inter alia that respondent No.1 has been superannuated, whereas respondent No.2 is still in the service and he has few years to go. Respondent No.1 has retired from service in the month of September, 2008.

(3.) Affidavit filed by Deputy Director, Directorate of Municipalities reflects unconditional apology for non-compliance. It is his further say that the Chief Officer, Botad Nagar Palika communicated the proposal on 3.3.2016 to the Collector, Botad, who sent it to the Regional Director of Municipalities, Rajkot, vide communication dated 29.4.2016. The proposal was, thereafter, forwarded to the Regional Director of Municipalities and to the Deputy Director of Municipalities where certain queries were raised. He has sent various communications and the same was rejected by reasoned order.