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1970 Supreme(Guj) 53

D.A.DESAI, P.D.DESAI
DHARI GRAM PANCHAYAT – Appellant
Versus
BRAHAD SAURASHTRA SAFAI KAMDAR MANDAL,rajkot – Respondent


Advocates Appeared: C.T.DAN, J.S.PATEL, K.S.NANAVATI

P. D. DESAI, J.

( 1 ) THESE petitions are directed against two awards between the same patties made by Mr. D. M. Vin in Reference (IC-IDA) No. 52 of 1967 and Reference (IC-IDA) No. 79 of 1967.

( 2 ) THE facts which are not in dispute lie within a narrow compass. Dhari Gram Panchayat is constituted under the Gujarat Panchayats Act 1961 There were 23 Safai Kamdars in its employment at the relevant time. When the Safai Kamdars as usual reported for duty between 6-00 and 7-00 A. M. on 1st June 1967 they were told that they would not be taken up on work and they were asked to go away and subsequently they were dismissed. The Secretary of the Shri Brahad Saurashtra Safai Kamdar Mandal approached the Sarpanch of the Panchayat but the Sarpanch was not available and the Up Sarpanch who met him disclosed his inability to do anything in the matter. According to Safai Kamdars even after they were dismissed from service they continued to work in order that the town community may not be harassed. They were not paid their wages not only for the work done subsequent to dismissal but even for the month May 1967. The version of the Panchayat as to the circumstances in which Safai Kamdars were not pai

























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