ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. ADMIT. Learned advocate Mr. I. G. Joshi, waives service of notice of admission on behalf of the respondent No.1.

2. The present appeal filed under Clause 15 of the Letters Patent, 1865 is directed against the common oral order dated 12.10.2023 passed by the learned Single Judge rejecting the writ petition filed by the appellant - Savarkundla Municipality assailing the award dated 30.07.2018 passed by the Industrial Tribunal, Bhavnagar (for short, “the Tribunal”) in Reference (IT) No.99 of 1999 directing the appellant – Municipality to absorb two Fitters, one Mr.Ismail Hasambhai Jhankhra and Mr.Mehbobbhai Musabhai Jhankhra on the regular posts. The Reference (IT) No.99 of 1999 was partly allowed and they were directed to be made regular and for the intervening period, the Tribunal has directed that the period shall be treated as notional and no arrears are granted. So far as the date of appointment as Fitter is concerned; (i) Mr.Ismail Hasambhai Jhankhra is appointed on 28.04.1995 and (ii) Mr.Mehbobbhai Musabhai Jhankhra is appointed on 28.04.1997. The same are not disputed.

3. The workmen, who are engaged as Fitter in the Wat