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2024 Supreme(Guj) 704

MAUNA M. BHATT
Savarkundla Municipality Through Chief Officer (Girishbhai Ratabhai Sariaya) – Appellant
Versus
Khumansinh Ajitsinh Jadeja – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR VIVEK V BHAMARE
For the Respondent: MR MAYANK CHAVDA, JEET Y RAJYAGURU

JUDGMENT :

1. Rule. Mr.Jeet Rajyaguru, learned advocate waives service of Rule on behalf of respondent No.1- workman and Mr.Mayank Chavda, learned Assistant Government Pleader waives service of Rule on behalf of respondent No.3.

2. Municipality as petitioner has filed this petition challenging an award of Industrial Tribunal dated 29.11.2021, in Reference (IT) No.30 of 2009 wherein, the petitioner was directed to grant benefit of regularisation to the respondent- workman from 01.04.2002 (date of joining). Benefits such as salary grade and other benefits of seniority, promotion, gratuity and other retirement benefits shall be awarded from 01.04.2002. The period, from the date of joining till the date of award, is to be considered as notional and no arrears shall be paid for that period.

3. Facts, in brief, as referred in the petition, are as under: The respondent-workman was working as Driver with Municipality from 01.04.2002 as Daily wager. For his regularisation, he raised dispute before Industrial Tribunal registered as Reference (IT) No.30 of 2009. Upon adjudication, Reference came to be allowed in favour of the respondent- workman and the petitioner was directed to grant benefit o

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