DAHYABHAI VIRABHAI DAMALIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners in these Special Civil Applications, filed a joint Special Civil Application No. 7393 of 1992. This Court has considered the Special Civil Application No. 7393 of 1992 to be filed only on behalf of petitioner No. 1 and rest of the petitioners were directed to file one page petition each and that is how the other petitions have been filed before this Court. So these petitions are being disposed of by this common order. The facts are taken from Special Civil Application No. 7393 of 192.

(2.) The petitioners were engaged by the respondent-Dalwada Gram Panchayat, Una, Junagadh, as clerks, peons, wiremen, drivers, mali, safai kamdars, etc. The service particulars of the petitioners are given in Annexure A at page No. 13 of the Special Civil Application. The prayer has been made by the petitioners for issuance of directions to respondents to initially fix the pay scales and allowances and other service conditions, including grant of House Rent Allowance, C.L.A., leave benefits etc. and to give them benefits of such of the accepted recommendations of Sarela Pay Commission and then the Desai Pay Commission in the said matter as were extended to other employees in the equivalent posts, with effect from 1.1.1973 and to give them arrears of salary and allowances accordingly.

(3.) The writ petition has been contested by the respondent-Gram Panchayat by filing reply to the Special Civil Application. The respondent has raised a preliminary objection with regard to maintainability of the Special Civil Application. The objection is that the petitioners have simultaneously raised Industrial Dispute before the Labour Court, Rajkot, in Ref. LCR No. 31 of 1981, which came to be transferred to the Labour Court, Junagadh, vide LCA No. 1/90 and that reference has been allowed by the Labour Court under the Award dated 29.1.1994 in the similar subject matter. When the petitioners have availed of the alternative remedy, the Special Civil Application is not maintainable. Another preliminary objection has been raised that the petitioners have not disclosed the fact of filing Industrial Dispute in the Labour Court and as such, this petition deserves to be dismissed on the ground of concealment of material facts. On merits, the learned counsel for the respondent submitted that the financial condition of the Gram Panchayat is very poor and it cannot shoulder the responsibility of heavy financial burde'n by giving the petitioners, the pay scale as prayed and by giving further benefits of revision of pay scale. The respondent filed further reply, in which it has been contended that Saurashlra Majdoor Sangh has raised Industrial dispute before the Labour Court which was numbered as LCR No. 31 of 1981. In the said case compromise was taken place between the parties and all demands were satisfied by the Panchayat except pay fixation and dearness allowance. The first Award was pronounced on 21.4.1982 but this fact has not been disclosed by the petitioners. Thereafter again a second reference has been filed by the same Sangh for giving them pay as per Desai Pay Commission being Reference No. 1/90 and decided on 29th January 1994. This fact has been disclosed by the respondent in the earlier reply also. The order of the Labour Court in Reference No. 1/90 dated 29.1.1994 has been challenged by the Panchayat by filing Special Civil Application before this Court but that Special Civil Application has been rejected against which Letters Patent Appeal has been filed which is pending. The respondent has stated that the petitioners have concealed very important fact from this Court. The Award of (he Labour Court made in favour of the petitioners was not implemented, therefore the petitioners have preferred Contempt Petition No. 164 of 1995 and the same has been rejected. This fact has also been concealed.