( 1 ) IN the present petition, the Award passed by the Industrial Tribunal, Rajkot in Reference (ITR) No. 118 of 1991 dated 4th February, 1999 is under challenge. In the said Award, 14 workmen are made permanent with effect from 1st January, 1995. The Industrial Tribunal has further directed that the period from 1st January, 1995 till the date of Award ie. , 4th February, 1999 has to be treated as notional as these 14 workmen are entitled to relevant pay scale from the date of the Award.

( 2 ) MR. Jayant Patel, learned advocate for the petitioner-Junagadh Nagarpalika [hereinafter referred to as, `petitioner-Nagarpalika] submitted that the financial condition of the petitioner-Nagarpalika is week and petitioner-Nagarpalika is unable to pay even the regular salary to its existing employees. He further submitted that such a direction of the Tribunal runs contrary to the set-up of Nagarpalika because such a set up is sanctioned by the Director of Municipality and if these fourteen workmen are made permanent then set up to that extent is required to be increased and that cannot be done without the permission and sanction of the Director of Municipalities. He also submitt