JUDGMENT :

1. Rule. Mr.Jeet Rajyaguru, learned advocate waives service of Rule on behalf of respondent-workman.

2. The petitioner-municipality has filed this petition challenging an award dated 05.10.2021 of Industrial Tribunal in Reference (IT) No.49 of 2010 wherein, the petitioner was directed to regularise the service of respondent-workman from 11.03.2008. Benefits of seniority, such as salary grade and other benefits of seniority, promotion, gratuity and other retirement benefits shall be awarded from 11.03.2008. Labour Court directed that the service of respondent-workman from 11.03.2008 (date of joining) to 05.10.2021 (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 learned advocate for the respondent- 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 Clerk and thereafter to regularise his service by making necessary representation/ requisition before the appropriate authority. Creation of post is not permissible under the law. Furt