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SCA/13500/2010 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13500 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
PALITANA
NAGARPALIKA - Petitioner(s)
Versus
KALUBHAI
BACHUBHAI NAIYA(HUSBAND)REPRE.OF SAFAI KAMDAR SANGH & 1 -
Respondent(s)
=========================================
Appearance :
MR
GAURANG H BHATT for
Petitioner(s) : 1,
MR MM PRAJAPATI for Respondent(s) : 1 -
2.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 26/10/2010
ORAL
JUDGMENT
1. By
way of this petition under Article 227 of the Constitution of India
the petitioner-Palitana Nagarpalika has prayed for an appropriate
writ, order or direction quashing and setting aside the impugned
judgement and award dated 23/01/2009 passed by the Industrial
Tribunal, Bhavnagar in Reference (I.T.) No. 36/2001 by which the
Industrial Tribunal has directed the petitioner to grant all the
benefits to the respondents, which are available to permanent
employees/safai kamdar and has granted permanency benefits to the
respondents with effect from 2005.
2. Having
heard the learned advocates appearing on behalf of the respective
parties, it is not in dispute that both the respondents are working
as daily wagers/safai kamdars and there is no sanction set up
sanctioned by the appropriate authority. It appears that the
Industrial Tribunal has granted permanency benefits to the
respondents on the ground that they are working as daily wagers since
many years. Considering the decision of Hon’ble Supreme Court in the
case of SECRETARY, STATE OF KARNATAKA AND ORS Vs. UMADEVI AND
ORS. reported in (2006)
4 SCC 1 the impugned judgement
and award passed by the Industrial Tribunal to grant permanency
benefits to the respondents cannot be sustained.
3. At
this stage, Shri Prajapati, learned advocate appearing on behalf of
the respondents has stated that the petitioner has already approached
the appropriate authority for increasing the strength of the safai
kamdar and to sanction the set up and, therefore, it is requested to
make suitable observation that as and when the set up is increased,
in that case, the case of the respondents be considered for permanent
appointment alongwith other similarly situated safai kamdar.
4. In
view of the above and for the reasons stated hereinabove, the
impugned judgement and award passed by the Industrial Tribunal dated
23/01/2009 in Reference (I.T.) No. 36/2001 is hereby quashed and set
aside. However, it is observed that as and when there is sanction
set up by the appropriate authority, the case of the respondents
alongwith other similarly situated safai kamdar be considered in
accordance with law.
5. With
this, the present petition is allowed. Rule is made absolute to the
aforesaid extent. No cost.
(M.R.
SHAH, J.)
siji
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