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2022 Supreme(Guj) 184

A.S.SUPEHIA
Rajendrakumar Ratilal Sukhadia – Appellant
Versus
Divisional Controller – Respondent


Advocate Appeared:
For the Appellant :N.D. Songara, Advocate.
For the Respondents:Rajiv K. Desai and Hamesh C. Naidu, Advocates.

JUDGMENT :

A.S. Supehia, J.

1. In the present petition, the petitioner is challenging the award dated 20.11.2017 passed by the Industrial Tribunal, Ahmedabad, below Exh. 111 in Reference (I.T.) No. 11 of 2011, 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. Songara for the petitioner has vehemently submitted that the petitioner was appointed on April, 1997, 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 on 20.12.2007 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 on time scale and continued him as a Badli worker. 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 perspe

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