BHIKHABHAI RUDABHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Krishnan Ghavariya for learned advocate Mr.Murli Devnani for the petitioner and learned Assistant Government Pleader Mr.K.M. Antani for the respondent - State and its authorities.

(2.) The petitioner, by filing this petition, questions the action on part of the respondent authority in not granting the petitioner the pensionary benefits.

(3.) The facts are that the petitioner joined with Chorwad Nagar Panchayat from 01st February, 1979 as Junior Clerk. Since the petitioner and other similarly situated employees of the Chorwad Nagar Panchayat were not extended the benefits of permanency, they raised an industrial dispute through union. By judgment and award, Industrial Tribunal, Rajkot in Reference (I.T.) No.529 of 1984, directed to extend the benefits of permanency to the workmen before it on completion of 240 days of service. The benefit of permanency was directed to be made available from 01st October, 1988. It is the case of the petitioner that after passing of the said judgment and award by the Industrial Tribunal, the petitioner was considered as permanent employee. It appears that Chorwad Nagar Panchayat subsequently came to be converted into Chorwad Nagarpalika. In the Nagarpalika also the petitioner's status was of permanent employee as reflected in the service book of the petitioner. The General Body of the Municipality, submits the petitioner, accepted the aforesaid judgment and award dated 30th July, 1993 in the meeting convened on 30th October, 1993.