MAHESHKUMAR DAHYAJI MAKWANA Vs. BAVLA NAGARPALIKA

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction quashing and setting aside the impugned communication dated July, 2000, which was received by respondent no. 1 on 05/08/2000 by which the petitioner has been denied the appointment on compassionate ground on any Class IV post.

(2.) IT appears that the application of the petitioner for appointment on compassionate ground in the respondent-Nagarpalika was rejected by the State Government, i. e. Director of Municipalities, on the ground that there is no sanction set up/post available in the Bavla Nagarpalika on which the petitioner can be appointed on compassionate ground.

(3.) SHRI R. R. Vakil, learned advocate appearing on behalf of the petitioner has submitted that as such there was an industrial dispute raised between the Union of Employees and the Bavla Nagarpalika, being Reference (IT) No. 46/1986, in which there was a settlement between the parties and certain posts were agreed to have been sanctioned and consequently upon the said settlement, award came to be declared by the industrial tribunal and, therefore, it is submitted that in view of the matter, it cannot be said that there was no sanction set up/post in the respondent-Nagarpalika. Shri R. R. Vakil, learned advocate appearing on behalf of the petitioner has heavily relied upon the decision of Division Bench of this Court in the case of SAIJPUR BOGHA NAGAR PALIKA OCTROI KARMACHARI MANDAL and ANR. Vs. AHMEDABAD MUNICIPAL CORPORATION and ANR. reported in 1991 (2) GLR 956 in support of his submission that the settlement reached between the Union of Employees and the Nagarpalika is binding and, therefore, it is requested to allow the present Special Civil Application.