SCA/9023/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 9023 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================================= 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 ? ========================================================= PALIYAD GRAM PANCHAYAT THROUGH SARPANCH - Petitioner Versus LILABEN SOMABHAI PARMAR & 4 - Respondents ========================================================= Appearance : MS KHYATI P HATHI for Petitioner : 1, MR G RAMAKRISHNAN for Respondents : 1 - 3. MR SHAIVANG D MEHTA for Respondents : 4 - 5. ========================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 08/10/2008 ORAL JUDGMENT 1. Rule. Mr. G. Ramakrishnan, learned counsel and Mr. Shaivang D. Mehta, learned counsel waives SCA/9023/2008 2/3 JUDGMENT service of Rule on behalf of respondent Nos. 1 to 3 and 4 to 5 respectively. By consent, Rule is fixed forthwith. 2. The Paliyad Gram Panchayat has filed the present petition challenging the Award dated 31.12.2007 passed in Reference LCB No. 5 of 2006 by the Labour Court, No. 1, Bhavnagar on various grounds and the main ground being that the settlement in favour of respondent Nos. 1 to 3 arrived at by the ex-Sarpanch at the time when his term was about to be over and when the election to the Gram Panchayat was already declared, is not only illegal and improper but was also against the interest of the Gram Panchayat. It was pointed out that these three respondents could not have been made permanent by such a settlement since there were no sanctioned posts and that there were other senior Safai Kamdars who were first entitled to get benefit of permanency for which a complaint was received from such employees, a copy of which is produced at Annexure – E to the petition. 3. The notice was issued to the respondents by this Court on 18.7.2008 and the other Senior Safai Kamdars have also joined themselves as party respondent No. 4 and 5 to the petition and have pointed out that their references seeking the same reliefs filed also in point of time in the SCA/9023/2008 3/3 JUDGMENT same Labour Court at Bhavnagar are yet to be heard and decided and that, therefore, the settlement made with the respondent No. 1 to 3 was required to be set aside. 4. After hearing the parties and on consensus of the contesting parties, the award dated 31.12.2007 passed in Reference LCB No. 5 of 2006 by the Labour Court No. 1, Bhavnagar, is set aside and the said Court is directed to hear and dispose of the reference LCB No. 5 of 2006 afresh in accordance with law as expeditiously as possible. It is clarified that this Court has not gone into the merits of the matter and the said Labour Court is directed to hear and dispose of the reference of respondents Nos. 1 to 3 along with similar references made by the other employees of the Paliyad Gram Panchayat seeking the same reliefs of being made permanent. It is also clarified that the Gram Panchayat will maintain status quo of the service conditions of respondent Nos. 1 to 3 pending the said reference No. 5 of 2006. The petition is accordingly allowed to that extent. Rule is made absolute to aforesaid extent. There shall be no order as to costs. (S.R.BRAHMBHATT, J.) pallav