DIVIONAL CONTROLLER Vs. GHULAMRASUL ABBAS SHEIKH & 1

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge in Special Civil Application No.8249/2012 by which the learned Single Judge has dismissed the said petition preferred by the appellant - GSRTC and has confirmed the judgment and award passed by the learned Industrial Tribunal No. I, Vadodara in Reference (I.T.) No.238/2001 wherein the learned Industrial Tribunal partly allowed the said Reference and directed the appellant - Corporation to grant the benefit of time scale from the date on which the concerned workman completed 180 days of service, appellant - original petitioner - employer - GSRTC has preferred the present Letters Patent Appeal under Clause 15 of the Letters Patent.

(2.) Shri Hardik Rawal, learned advocate appearing on behalf of the appellant has stated at the Bar that in view of the subsequent decisions of this Court rendered in Letters Patent Appeal No.1185/2014 and allied Letters Patent Appeals and Letters Patent Appeal No.322/2016 and allied Letters Patent Appeals, the issue involved in the present Appeal is now not res integra. It is submitted that by the aforesaid decisions, the Division Benches of this Court have quashed and set aside the similar awards passed by the learned Industrial Tribunal by which the Division Benches have held that the concerned workmen shall not be entitled to the benefit of time scale from the date on which the concerned workmen has completed 180 days of service, and therefore, it is requested to allow the present Appeal and quash and set aside the impugned judgment and order passed by the learned Single judge as well as the judgment and award passed by the learned Industrial Tribunal No. I, Vadodara in Reference (I.T.) No.238/2001. The aforesaid is not disputed by Shri P.Y. Divyeshwar, learned advocate appearing for Shri G.K. Rathod, learned advocate appearing on behalf of the respondent - workman.

(3.) In view of the above and for the reasons stated in the judgment and order passed by the Division Bench of this Court dated 04/07/2017 in the case of Ghanshyamsinh Pratapsinh Parmar Vs. Divisional Controller and Another rendered in Letters Patent Appeal No.1185/2014 and allied Letters Patent Appeals as well as another decision of the Division Bench of this Court dated 04/05/2016 in the case of Paresh Harilal Mandlik Vs. Divisional Controller and Another rendered in Letters Patent Appeal No.322/2016 and allied Letters Patent Appeals, present Letters Patent Appeal is allowed. The impugned judgment and order passed by the learned Single Judge in Special Civil Application No.8249/2012 as well as the judgment and award passed by the learned Industrial Tribunal, Vadodara in Reference (I.T.) No.238/2001 are hereby quashed and set aside.