CHIEF OFFICER KESHOD NAGARPALIKA Vs. NAVINCHANDRA SHAMJIBHAI BHATT

JUDGEMENT

(1.) In this group of 47 petitions under Art. 226/227 of the Constitution of India, common questions are involved against common award dated 13th October, 1995, therefore, upon joint request, they are being disposed of by this common judgement.

(2.) 22 petitions out of 47 are filed by the employees whereas remaining 25 petitions are filed by Keshod Nagarpalika. Therefore, the parties are hereinafter referred to as the employees and the employer for the sake of convenience and brevity.

(3.) The employees were engaged as Casual labourers by the Nagarpalika, Keshod during the period from 1989 to 1993. The employees are working as helpers, clerks and peons. 26 employees came to be terminated by the employer on the ground that the Collector directed the authority to terminate the services by passing an order dated 10.11.1993. The employees, therefore, raised industrial dispute against their termination by reference. The Labour Court, at Junagadh, allowed the reference partly and directed the employer to reinstate the employees and to pay 25% backwages. The employees filed 22 petitions against the award of the Labour Court, in not granting full backwages and the employer has filed 25 petitions against the order of reinstatement and grant of 25 percent backwages. That is how this group of 47 petitions under Arts. 226 and 227 of Constitution of India have come up before this Court for consideration and adjudication. It would be expedient to examine the material factual aspects which are relevant for the purpose of decision in the entire group of 47 petitions. The general board of the Respondent Municipality by its 12.5.1993 resolution No. 15 dated 12.5.1993 resolved to approach the Director of Municipalities with a request to sanction additional staff. The employees came to be appointed on various dates as daily wagers. The proposal for sanction of the additional set up was forwarded 27.5.93 to the Director of Municipality by the President of employer Nagarpalika together with the resolution of the Muncipality. The Executive Committee of Keshod Nagarpalika under 27.7.93 resolution No. 11 decided to absorb daily wagers including the petitioners in time scale as admissible to Class III and Class IV employees. The General Board passed resolution No. 23 dated 20th August, 20.8.93 1993 whereby the petitioners who were continuously working on workcharge basis in the Nagarpalika were absorbed on temporary basis and were given temporary appointment on various posts held by them on the basis of Government Rules and regulations as regards pay allowances and grade. By the order dated 27.10.93 passed by the employer 27.10.93 Nagarpalika, the petitioner came to be appointed on temporary appointment. The administrator of Municipality was appointed by the 1.11.93 Government. The Collector, Junagadh passed interim injunction suspending 8.11.93 the execution and operation of resoulution No. 23 of the General Board of respondent Municipality in MUN Case No.31/93 filed by one ex/councillor. The Nagarpalika terminated the services of 26 employees 10.11.93 without notice, notice pay in lieu of notice or compensation. The employees served the Administrator of Nagarpalika with a 11.11.93 notice for reinstatement with backwages and also presented application for reference to the Assistant Labour Commissioner, Porbandar. 26 references came to be made to the Labour Court, Junagadh which came to be numbered as Ref. LCJ. No. 111/93 to 136/93. Special Civil Application No. 13403 of 1993 came to be filed in 1.12.93 this Court for breach of the order and resultant action for contempt which was not entertained at that stage and came to be dismissed.