K.M. THAKER, J.

1. Heard Mr. Munshaw, learned advocate for the petitioner and Mr. Mishra, learned advocate for the respondent.

2. Rule returnable forthwith. Mr. Mishra, learned advocate for the respondent waives service of Rule and with his consent the petition is heard for final order.

3. In present petition, Jamnagar Municipal Corporation has challenged award dated 18.4.2016 passed by learned Labour Court at Jamnagar in Reference (Demand LC) No. 3 of 2001 whereby the learned Labour Court directed the petitioner Municipal Corporation to regularise service of 4 workmen and treating the said workmen as permanent employees with effect from the dates mentioned in the award.

4. In light of the submission by learned advocates for petitioner corporation and the workmen it has emerged that in view of peculiar facts and circumstances of the case, the petition can be disposed of on a limited ground, instead of entering into various other contentions raised by contesting parties.

5. In view of a particular defect which has emerged from the award, it is clear that on the said limited ground award deserves to be set aside and the proceedings are required to be remanded to learned Labour Court at Jamnagar for further and fresh proceedings and for fresh decision.

6. It has emerged from the record and from rival submission that a Union viz. Jamnagar Jilla Majdoor Sangh sponsored the claim and dispute for regularisation in service and status of permanent workmen, on behalf of and in respect of 6 employees of Bedi Gram Panchayat (which subsequently merged into Jamnagar Municipal Corporation).

7. It has emerged that 6 workmen namely (1)Mr. Ramesh Pilubhai (2) Bachu Pilubhai (3) Sanjay Lakhman (4) Ms. Bhavna Bachubhai (5) Vasant Karabhai and (6) Lilaben Vasantbhai claimed and demanded that their service should be regularised and they should be conferred the status of permanent workmen from the date when they completed 240 days of service with the Panchayat/Corporation. The said demand by the 6 workmen was not accepted by the Panchayat/Corporation. Therefore, above named Union sponsored the demand/dispute raised by the said 6 workmen.

8. Appropriate government referred the said demand of 6 workmen, sponsored through above mentioned Union for adjudication to learned Labour Court at Jamnagar vide its Order of reference dated 31.1.2001. The learned Labour Court registered the said demand as Reference (Demand LC) No. 3 of 2001.

9. During the proceedings before learned Labour Court the Union, on behalf of the said 6 workmen/claimants, filed statement of claim in justification of the demand.

10. The Union amended the statement of claim. Subsequently the panchayat/corporation filed written statement (Reply) and denied the averments and allegations in the statement of claim and also opposed the demand and disputed justification.

11. From the award it has emerged that the Union, declared before the learned Labour Court at Jamnagar that the demand and claim by and on behalf of one claimant Mr. Vasantbhai Karabhai is withdrawn and that the said claimant does not want to prosecute his demand and that therefore the reference qua the said claimant may be treated as withdrawn and it may be rejected as withdrawn. Therefore, learned Labour Court treated the said claim in respect of the said claimant i.e. Vasantbhai Karabhai Chauhan, withdrawn/rejected as withdrawn.

12. Now, what is relevant and important is the fact which emerges from the observation in the award.

13. Under the discussion related to Issue No.1 the learned Labour Court has specifically recorded that other 5 claimants did not appear before learned Labour Court to place their respective evidence on record and from the observation by learned Labour Court it appears that out of said 5 claimants Mr. Ramesh Pilubhai, Mr. Sanjay Lakhman and Ms. Bhavna Bachubhai did not depose before the learned Labour Court and their oral evidence was not recorded.

14. From the award it has also emerged that one claimant i.e.