( 1 ) HEARD learned advocate Mr. R. R. Trivedi for petitioner and learned advocate Mrs. D. T. Shah appearing on behalf of respondent.

( 2 ) THE Petitioner-Jetpur Municipality has challenged the award passed by the Industrial Tribunal, Rajkot in Reference I. T. No. 119 of 1995 dated 18. 12. 1998 wherein, Industrial Tribunal, Rajkot has granted the benefit of permanency to Narendra Punjabhai Dhadhal and Ashish Mansukhlal Dave, Octroi Clerks w. e. f. 1. 11. 1995 and, whatever the benefits are available, same are granted in favour of the workmen.

( 3 ) INITIALLY, this Court has issued rule and notice to interim relief which was made returnable on 18. 11. 1999 by order dated 28. 10. 1999. Thereafter this Court has passed an order granting the ad interim relief in favour of the petitioner on 13. 01. 2000. Affidavit-in-reply has been filed by the respondent which is on record.

( 4 ) THE brief facts of the present petition are as under. 4. 1 before the Tribunal, vide Exhibit-2, statement of claim was filed by the Union. The two workmen were appointed on 15. 2. 1991 and 9. 4. 1991. Both were treated as daily rated employees and therefore, the industrial dispute is raised by