SARVANI Vs. MUNICIPAL BOARD

JUDGEMENT

(1.) This matter has been received after remand by the Supreme Court to decide the Special Appeal, afresh, as in the opinion of the Hon'ble Supreme Court, the judgment passed by the Division Bench, dated 21.11.2005, is cryptic.

(2.) An industrial dispute was raised by late Shri Sanwarmal, appellant, who has since died in the year 2001, and has been substituted by his legal heirs and representatives, claiming regular pay scale with effect from 01.04.1982, when he was appointed as driver on daily wages in Nagar Palika, Nawalgarh. The State Government referred the industrial dispute to the Industrial Tribunal, Jaipur (Case No.I.T. 30/92, 28/96), to decide the question as to whether it was valid not to allow regular pay scale to the applicant, Sanwarmal S/o Shri Pokarmal by the Executive Officer, Nagar Palika, Nawalgarh, with effect from 01.04.1981, and if the answer is in negative, then to which relief the applicant is entitled to receive from the employer.

(3.) By an award dated 15.04.1997, it was held that since the appellant had completed 240 days of service, and was qualified and eligible, he was entitled to regular pay scale on the vacant post, on which he was appointed and had started working from 12.07.1980, and on which he is still working and has completed 10 years of service and thus, he should be awarded regular pay scale with effect from 01.04.1982, which was the date, from which the appellant had claimed regular salary.