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1993 Supreme(Guj) 99

J.M.PANCHAL, A.P.RAVANI
KALOL MUNICIPALITY – Appellant
Versus
SHANTABEN KALIDAS – Respondent


Advocates Appeared: D.T.SHAH, K.C.SHAH, M.I.PATEL

RAVANI, J.

( 1 ) EVEN when the permanent set up of a Municipality is fixed by the rules framed by it which are duly approved by the State Government in accordance with law, can the Labour Court or Industrial Tribunal give direction to treat certain number of workmen, in addition to the number fixed by the rules, as permanent workmen and grant them all the benefits available to permanent workmen ? If such direction is given by Labour Court or Industrial Tribunal, would it be binding to State Government ? These are some of the questions which have arisen for determination in this petition.

( 2 ) PETITIONER No. 1 is a Municipality constituted under the provisions of the Gujarat Municipalities Act, 1963 (hereinafter referred to as the Municipal act) and petitioner No. 2 is a School Board constituted under the provisions of the Bombay Primary Education Act, 1947. The petitioners challenge the award dated 29/03/1988 passed by the Industrial Tribunal, Ahmedabad whereby the petitioner-Municipality has been directed to treat respondent Nos. 1 to 13-Water-women - as permanent employees of the Municipality from the date of their entry in service. The Tribunal has also declared that they were e




















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