MORBI MUNICIPALITY Vs. MORBI MUNICIPAL KARMACHARI MANDAL

JUDGEMENT

(1.) Heard Mr Ajmera for the petitioner and Mr Joshi for the respondent. RULE had been issued in this matter on 30th July 1997 by my brother Calla, J. making it returnable on 7th August 1997. The parties were told that they should be ready for final hearing by that order. Notice as to interim relief was also issued on the same day. This matter was adjourned thereafter from time to time. Though notice as to interim relief was issued, no interim relief is granted as yet. The matter is heard finally.

(2.) Mr Ajmera, learned advocate for the petitioner, submitted that this case indicates as to how the benevolent provisions of a welfare statute can be misused for objects which are not contemplated thereunder. The facts of the case show that the respondent-trade union has espoused a cause of some 137 employees of the petitioner-municipality. These 137 persons came to be appointed by the petitioner-municipality during 8.10.1996 to 22.11.1996 as daily rated employees. On 24th December 1996 they made a demand that they should be made permanent by which time they had put in a service of hardly a month and half. They filed a petition in this Court on 10.1.1997 being Special Civil Application No.10081 of 1996 which was withdrawn on 8.4.1997.

(3.) That application was preseed before the learned Member of the Industrial Court in the night time at about 11.25 PM on 1.6.1997. The learned Judge by his order on that day restrained the municipality from terminating their services. The municipality filed its reply pointing out their various objections. On hearing both the learned advocates, the Industrial Tribunal allowed the Misc. Application on 1.7.1997 confirming the ad interim injunction granted earlier.