LPA/1168/2006 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 1168 of 2006 In CIVIL APPLICATION No. 8245 of 2006 In SPECIAL CIVIL APPLICATION No. 11972 of 2004 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT & HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 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 civil judge ? ========================================================= KESHOD MUNICIPALITY - Appellant(s) Versus PANKAJGIRI ZAVERGIRI MEGHNATHI - Respondent(s) ========================================================= Appearance : MR DEEPAK P SANCHELA for Appellant MR KISHOR M PAUL for Respondent ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER 7 th March, 2008 ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) LPA/1168/2006 2/5 JUDGMENT This Appeal, preferred by the Keshod Municipality [hereinafter referred to as, “the Municipality”] under Clause 15 of the Letters Patent, arises from the judgment and order dated 28th July, 2006 passed by the learned Single Judge in above Special Civil Application No. 11972 of 2004. The respondent is the workman engaged by the appellant-Municipality. The workman raised industrial dispute in connection with the absorption in permanent service which came to be referred to the Labour Court, Junagadh and registered as Reference {Demand} No.15 of 2001. The said Reference came to be decided by the Labour Court, Janagadh by its judgment and award dated 18th May, 2004. The Labour Court was pleased to direct that the workman be made permanent with effect from 1st August, 2000 on the post on which he was serving and be paid all consequential benefits. The said Award has been challenged by the appellant-Municipality before this Court in above Special Civil Application No. 11972 of 2004. Pending the said petition, interim order was made on 3rd February, 2006. The workman took out above Civil Application No. LPA/1168/2006 3/5 JUDGMENT 8245 of 2006 for compliance with the interim order made on 3rd February, 2006. By impugned Order, the learned Single Judge has issued direction to the appellant-Municipality, “..to pay difference of regular salary for the post Jalashya Mistri to the respondent Shri PANKAJGIRI ZAVERGIRI MEGHNATHI, who is working in the post of Jalashya Mistri, from the date of award 18.5.2004 to 31.7.2006 while adjusting the salary during this period which was paid by the Keshod Municipality to the respondent workman, within a period of 4 weeks from the date of receiving the copy of this order. It is further directed to the petitioner Keshod Municipality to pay regularly the regular salary in the sale of Jalashya Mistri with consequential benefits to the respondent workman PANKAJGIRI ZAVERGIRI MEGHNATHI w.e.f 1.8.2006 till the main SCA No. 11972 of 2004 is finally decided by this Court.” Therefore, the present Appeal. Mr. Sanchela has relied upon communication dated 29th January, 2008 and 5th March, 2008 received by him. Both communications are taken on record. Pending these proceedings, in compliance with the aforesaid interim order dated 3rd February, 2006, the LPA/1168/2006 4/5 JUDGMENT appellant-Municipality, by its Resolution No. 69 passed on 18th July, 2006, resolved to create post of Jalashya Mistri and to absorb the workman on the said post of Jalashya Mistri. The proposal sent to the State Government has been approved on 12th October, 1996. In above view of the matter, Mr. Sanchela has submitted that the workman may be absorbed in permanent service as Jalashya Mistri with effect from 12th October, 2006. The award of the Labour Court may accordingly be modified. Learned advocate Mr. Paul has appeared for the workman. He has submitted that the workman is present in the Court. He agrees to accept permanent appointment as Jalashya Mistri with effect from 12th October, 2006 and that the award of the Labour Court be accordingly modified. In view of the above referred consensus arrived at between the parties, the Appeal is allowed. The impugned judgment and order dated 28th July, 2006 passed by the learned Single Judge in above Civil Application No. 8245 of 2006 is set-aside. Special Civil Application No. 11972 of 2004 is partly allowed. The Award dated 18th May, 2004 passed by the Labour LPA/1168/2006 5/5 JUDGMENT Court, Junagadh in Reference [Demand] No. 15 of 2001 is modified to the effect that the workman Pankajgiri Zavergiri Meghnathi be absorbed in the permanent service of Keshod Municipality with effect from 12th October, 2006. The workman will be entitled to receive pay in the regular scale of pay admissible for the post of “Jalashya Mistri” with effect from 12th October, 2006. The arrears of salary from 12th October, 2006 till 29th February, 2008 will be paid to the workman within six months from today. The workman will be paid salary in the admissible pay-scale regularly with effect from 1st March, 2008. Subject to the above direction, the Appeal, Civil Application No. 10837 of 2006 and the Special Civil Application No. 11972 of 2004 and Civil Application No. 8245 of 2006 stand disposed of. The parties will bear their own cost. {Ms. R.M Doshit, J.} {K.M Thaker, J.} Prakash*