JUDGMENT :

1. Rule. Mr.Divyesh Sejpal, learned advocate waives service of Rule on behalf of respondent-workman and Mr.Pranav Dhagat, learned AGP waives service of Rule on behalf of respondent-State.

2. The petitioner-municipality has filed this petition challenging an award dated 29.11.2021 of Industrial Tribunal, Bhavnagar in Reference (IT) No.6 of 2009 wherein, the petitioner was directed to regularise the service of respondent- workman from 01.07.2005. Benefits of seniority, such as salary grade and other benefits of seniority, promotion, gratuity and other retirement benefits shall be awarded from 01.07.2005. Labour Court directed that the service of respondent-workman from 01.07.2005 (date of joining) to 29.11.2021 (date of award) is to be considered as Notional and no arrears shall be paid for this period.

3. Heard Mr.Vivek Bhamare, learned advocate for the petitioner and Mr.Divyesh Sejpal, learned advocate for the respondent No.1-workman.

4. Mr.Vivek Bhamare, learned advocate for the petitioner- municipality submitted that award of the Industrial Tribunal is erroneous because the award amounts to creation of post of Valveman/Pumpman and thereafter to regularise his service by ma