ORAL JUDGMENT:

1. Petitioner before this Court in both the matters is a local body constituted under the Maharashtra Municipal Councils, Nagar Panchayats & Industrial Townships Act, 1965 (hereinafter referred to as 1965 Act) while the Trade Union of its workmen are the respondents. Basic challenge in the 1992 petition filed under Art. 226 of the Constitution of India is to award-II dated 8/10/1987 delivered by Industrial Tribunal, Ahmadnagar in Ref.(IT) 6 of 1984 with prayer to quash relief granted in relation to demand 1,2 & 4.The reference was made by State of Maharashtra under S.12(5) of the Industrial Disputes Act,1947 i.e. IDA hereafter. Demand no. 1 is about increase in sanctioned posts on establishment schedule of the Petitioner. Demand no. 2 is to grant permanency to all those who have put in more than 180 days work with consequential benefits like pay-scales, D.A.etc & to continue to confer permanency in future on all workmen completing that period. By demand no. 4 the Union sought wages per day calculated by dividing the salaried of permanent staff by 26 ie at 1/26 by invoking the concept of equal pay for equal work.

2. In W.P. 1017/1995, the employer Municipal