LAWS(GJH)-2009-1-29

MAHESHBHAI MULJIBHAI PANCHAL Vs. BHARUCH DISTRICT PANCHAYAT

Decided On January 28, 2009
MAHESHBHAI MULJIBHAI PANCHAL Appellant
V/S
BHARUCH DISTRICT PANCHAYAT Respondents

JUDGEMENT

(1.) THE petitioner, by way of this petition, has prayed to direct the respondents to permit him to work as skilled worker in the Co-operation Branch of the respondent-panchayat or in the Office of the Dy. Executive Engineer, of respondent no. 2-panchayat and further to direct the respondents to make payment of the salaries on and from 1st September, 2000m, by treating his services as continuous.

(2.) THE facts of the case in brief are that, the petitioner was appointed as a skilled worker (Turner) by respondent no. 1-panchayat with effect from 1st July, 1986. Thereafter, vide order dated 27th June, 1988, the petitioner was discharged from the service on the ground of scarcity. The petitioner, therefore, filed proceedings before the Labour Court, vide Reference No. 293 of 1990. In the said proceedings, a settlement was arrived at between the parties and on that basis, the petitioner was reinstated in service vide order dated 16th-20th May, 1991 on condition that the petitioner has to pass the examination conducted by the Gujarat Panchayat Service Selection Board.

(3.) THEREAFTER, in 1992, the respondent-panchayat filled up the post of skilled worker (Turner) by appointing a ST candidate on that post. As a result thereof, the petitioner preferred a writ petition before this Court being Special Civil Application No. 6371 of 1993. The said petition was rejected by this Court.