AHMEDABAD MUNICIPAL TRANSPORT SERVICE Vs. ASHARFUNNISHA MUNAVARKHAN PATHAN

JUDGEMENT

(1.) Heard Mr.Munshaw, learned advocate for the petitioner and Mr.Pandya, learned advocate for the respondent.

(2.) In present petition, the petitioner Ahmedabad Municipal Transport Service has challenged award dated 25.2.2016 passed by the learned Industrial Tribunal at Ahmedabad in Reference (IT) No.131 of 2011 whereby the learned Tribunal directed the petitioner to appropriately fix the salary of the concerned workman in appropriate pay scale and to give effect to the recommendations of 6th Pay Commission and to also revise retiral benefits payable on the basis of revised fixation in salary and to pay salary and retiral benefits accordingly. The learned Tribunal has clarified that the concerned workman will not entitled to arrears. Feeling aggrieved by the said award, the Transport Service has taken out present petition.

(3.) The relevant facts are not in dispute. The husband (Mr.Munavarkhan Pathan) of the claimant before the learned Tribunal was employee of the petitioner. He died while in service. After the death of Mr.Munavarkhan Pathan, the petitioner, on humanitarian and compassionate ground, employed the original claimant (present respondent/the claimant) by way of ex gratia appointment on supernumerary position. Thus, the original claimant (present respondent) came to be employed with effect from 20.6.1995. The claimant retired from the service when she attained prescribed age of superannuation in March 2010. Accordingly, the claimant rendered service for almost 14 years.