UMESHKUMAR MANUBHAI AMIN Vs. DHOLKA NAGARPALIKA

JUDGEMENT

(1.) The petitioner has prayed for directions to the respondent to allow him to resume duty as Naka Clerk with full back wages from the date on which his services were orally terminated.

(2.) The petitioner has come up with the case that he was working as an Octroi Clerk on consolidated salary of Rs. 450.00. It has further been stated by petitioner that he was paid Rs. 14.50 ps. per day and calculated as monthly Rs. 450.00. Some other persons were also employed as workcharge employees. The petitioner and others were given breaks in service only as per the seniority. The petitioner's brother, Shri Ravindrakumar Manubhai Amin was also in service of the respondent whose service came to be terminated orally. He filed Special Civil Application No. 739 of 1985 before this Court and this Court has directed the respondent to permit him to prosecute his duties from 1st March 1985. Accordingly, the petitioner's brother resumed duties from 1st March 1985. The petitioner being the brother of Ravindrakumar Manubhai Amin, to whom the respondent had to take on duty under the Court's order, the respondent keeping grudge against the petitioner, suddenly without any cause or reason and without any opportunity and further continuing the junior employees orally asked the petitioner not to come on duty from the said date, i.e., 1-3-1985. The petitioner, in para-3 of the Special Civil Application, submitted that the respondent had continued Shri H. D. Kazi, Jitendra Trivedi, B. B. Purabia, Umraobeg Hussainbeg, who were simultaneously appointed with the petitioner. So, the petitioner's case is that he continued to work from 1981 with some intermittent breaks as the other persons abovenamed and his services were terminated whereas those persons were retained in service.

(3.) Reply to the Special Civil Application has been filed by respondent and the claim of the petitioner has been disputed. The respondent has come up with the case that the petitioner was only a daily wager and as such he has no right to the post. His services were engaged as and when necessity for work had arisen. Replying to the contention of petitioner regarding retention of juniors, the respondent has come up with the case that it had got a permanent establishment of Octroi Department of 30 permanent Octroi Naka Clerks and occasionally and intermittently it requires some daily wagers for temporary help. Shri Umraobeg is not re-employed after retirement but he being a handicapped person, he and others were given appointment as daily wagers. There is no question of seniority amongst the daily wagers. Shri Purabia was a daily wager and because his father was a Councillor of Nagarpalika and President for sometime, had filed a case in the Labour Court, wherein the then President Shri Nirubhai Solanki, who had submitted his resignation to the Collector on 5-4-1984, had illegally and without the sanction of the General Board had entered into compromise on 30-4-1984 with Shri Purabia. An application has also been filed for setting aside the compromise award but ultimately that has been rejected.