JUDGMENT :

M. K. THAKKER, J.

1. This petition is filed challenging the order passed by the learned Industrial Tribunal, Rajkot in Reference (IT) No.55 of 2019 dated 20.01.2023, whereby the learned Tribunal has granted the benefit of permanency to the respondent from the date on which the respondent completed 240 days of service. The Tribunal has further directed that the interregnum period shall be considered for notional benefits.

2. It is the case of the present petitioner that the respondents had joined the petitioner–Municipality on the post of driver on a daily wage basis in the year 1995. Respondent No.1, namely Vinod Kumar Nathalal Tatamiya, joined on 01.05.1997, and Jitendra Kishanbhai Sondarwa joined on 09.10.1995. Their services came to be terminated by the petitioner, which was challenged by filing Reference (LCR) No.355 of 2001. The learned Labour Court allowed the said Reference in favour of the respondents by granting reinstatement with continuity of service. Challenging the said award, a writ petition was filed before this Court being Special Civil Application No.2342 of 2015, which came to be dismissed by this Court on 27.02.2015, and thereafter, the respondents were