JUDGMENT :

1. This group of petitions is filed by the petitioners- workmen against respective judgments and awards passed by the Industrial Tribunal, Bhavnagar in respective References. With consent of learned Advocates for the parties, all these petitions are taken up for joint hearing and disposal. The facts are recorded from lead matter, SCA No.10280 of 2011.

2. This petition is filed for following reliefs:-

“(A) Your Lordship may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or an other appropriate writ, order or direction quashing and setting aside the impugned Award dated 31.03.2011 passed by the learned Industrial Tribunal, Bhavnagar in Reference (IT) No.75 of 1998 at Annexure ‘A’ herein, rejecting the Reference of the Petitioner Workman as being illegal, unjust and improper.

3. The details of each of the petitioners with relevant date is hereby given in a tabular form as under:-

4. Learned Advocate for the petitioner submitted that the petitioner was working as peon from the date of his joining continuously and persons who were junior to the petitioner as well as working on the same post have been made permanent. However, the petitioner was paid minimum wages as a daily wager and therefore, action of the respondent-Municipality amounts to unfair labour practice. It is submitted that even though there is no difference in work performed by the petitioner and other workmen, the petitioner is paid less wages and he is also not granted other benefits available to the permanent workmen.

4.1 It is submitted that the petitioner submitted his deposition on affidavit before the Industrial Tribunal on 04.01.2005 and he was cross-examined on 19.04.2005. The petitioner had stated on oath that he was working on permanent vacant post and the duties performed by him are also of permanent nature. The duties performed by the petitioner and other permanent workmen is the same and there is no difference in their duties. It is submitted that junior to the petitioner, viz. Bipinbhai Nanubhai has been made permanent as peon. The petitioner is also not given other benefits which are made available to other permanent workmen.

4.2 It is submitted that the respondent-Municipality is having several vacant posts in different departments and therefore, the petitioner-workman is transferred from one post to another post and from one department to another department. The respondent-Municipality is exploiting the petitioner-workman by taking different types of works of permanent workman, but the petitioner is paid only minimum wages.

4.3 It is submitted that the respondent-Municipality is having huge income and surplus every year. The expenditure for permanent as well as temporary workmen is around 26% to 29% for the years 2008-09 and 2009-10. For the year 2008-09, the expenditure for permanent and temporary workmen is 28.93% of total revenue while for the year 2009-10, it is 26.29%.

4.4 It is submitted that the petitioner-workman is working on the vacant post of peon as well as discharging additional duties of driver with the respondent-Municipality since 15.04.1995 and has been paid Rs.11,321/- per month, i.e. Rs.365.20 per day. However, permanent peons are paid Rs.24,288/- as per 6th pay commission pay scale benefits along with other benefits like annual increments, leave benefits, etc. It is submitted that the petitioner should be granted the benefits of permanency and should be paid regular pay scale and other monetary