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2021 Supreme(Guj) 987

A.S.SUPEHIA
S T KARMACHARI UNION THROUGH IMTIAZBHAI ABBASBHAI MALEK – Appellant
Versus
DIVISIONAL CONTROLLER – Respondent


Advocates Appeared:
For The Appellant : MR PARESH J BRAHMBHATT
For The Respondent: MR HAMESH C NAIDU

ORDER :

1. In the present petition, the petitioner is challenging the award dated 17.10.2018 passed by the Industrial Tribunal, Vadodara below Exh.18 in Reference (I.T.) No.198 of 2014, whereby the reference, with regard to not extending the benefit of time scale after completion of 180 days, has been rejected.

2. Learned advocate Mr.Brahmbhatt for the petitioner has vehemently submitted that the petitioner was appointed in April, 1998 as a Conductor however, he was not extended the benefit of time scale as per the settlement dated 21.12.1989. He has submitted that thereafter, the benefit of time scale was given in 2010 and the reference of industrial dispute indicates that he has claimed the benefit of time scale after completion of 180 days from his initial appointment. He has submitted that the respondent authority did not place the petitioner as a daily wager and continued him as Conductor. He has submitted that the petitioner was denied the benefit of time scale since the settlement provides that after completion of 180 days, daily wager is to be placed in time scale hence, the Tribunal has failed to appreciate the aforesaid facts in its true perspective and, therefore, it is ur

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