( 1 ) ). IS there any valid ground on the basis of which the respondent- municipal Corporation can refuse to abide by the direction given in the award passed by the Industrial Tribunal in Reference (IT) No. 152 of 1985 decided on 21/12/1985 ? This and some other related questions arise in these petitions. At the request and with the consent of the learned Advocates appearing for the parties both the matters are ordered to be heard together and they are being disposed of by this common judgment and order.

( 2 ) ). Special Civil Application No. 1362 of 1986 is filed by a Trade Union called Saijpur Bogha Nagar Palika Octroi Karmachari Mandal and by one of the members of the Union who is also an employee of Saijpur Bogha Nagar palika. The petition pertains to 89 employees whose names are mentioned at serial No. 1 to 89 in Annexure a to the petition. In respect of employees at serial No. 90 to 143 at Annexure b the petition is not pressed. One employee (serial No. 49) named Parmar Hareshbhai C. has expired during the pendency of the petition. After the dispute was referred to the Industrial Tribunal and decided by it, Saijpur Bogha Nagar Palika merged with the respondent-Ahmedabad municipal Corporation. By this petition it is prayed that the aforesaid employees who were working in Saijpur Bogha Nagar Palika in respective time scale of pay be declared as permanent employees of the respondent-Municipal Corporation and the respondent-Municipal Corporation has no right to reduce wages or convert their status to that of daily-rated casual employees and that their wages cannot be changed from time-scale of pay to minimum wages.

( 3 ) ). Special Civil Application No. 991 of 1989 is filed by the same individual employees whose names appear in Annexure b to Special Civil Application no. 1362 of 1989. It relates to an award passed by Arbitrator conferring certain benefits on employees of Ahmedabad Municipal Corporation. The petitioners pray for a declaration that the award Part III passed by the Arbitrator on 31/07/1987 is applicable to them and for direction to the respondent-Corporation for payment of the amount of wages with 18% interest with effect from 1/07/1986 as per the award. The petitioners have also claimed equality of service conditions with other employees of respondent-Corporation and have also prayed that respondent-Corporation be directed to pay arrears of bonus, leave encashment, dress allowance, etc. , as per award. Facts in brief :

( 4 ) ). In the outskirts of the City of Ahmedabad there was a Municipality for the town limits of Saijpur Bogha, which was governed by the provisions of the Gujarat Municipalities Act, 1963. In the year 1984 the employees working in the Octroi Department of the Municipality raised an industrial dispute demanding regular status and conferment of benefits of bonus and regular pay scales to various categories of employees. They also demanded house rent allowance, leave travel concession and other benefits which were available to the permanent employees of the State Government of Gujarat. According to the petitioners as they raised demands and disputes, the management of the municipality retaliated by terminating the services of about 24 employees. The workmen concerned filed Special Civil Application No. 3758 of 1984 in this high Court and challenged the order of termination of their services. The petition was rejected on 5/09/1984 by learned single Judge. The workmen preferred Letters Patent Appeal No. 421 of 1984, which was admitted by this court and the Court granted stay against the order of termination of their services. Thus the employees concerned continued to be in service.

( 5 ) ). Pursuant to demands raised by the Union representing the workmen, the government made Reference (IT) No. 152 of 1985 as per order dated 18/02/1985. The Municipality appeared before the Tribunal in the proceedings of the reference and initially resisted the claims of the employees. Ultimately on 10/12/1