The court ruled that while workmen could not be regularized due to lack of qualifications, they were entitled to minimum pay-scale benefits as regular employees.

ORAL ORDER

Perused the note for speaking to minutes.

In the order dated 16.8.2024 in paragraph No.13 the sentence ".... respondent Nos. 4 and 5 i.e. Ghanshyam B. Bharad and Hitesh H. Trivedi are entitled to get the similar benefits as contained in paragraph Nos. 12 and 13 of the judgment dated 6.3.2018 passed by Hon'ble Division Bench in Letters Patent Appeal No. 1036 of 2016 in Special Civil Application No.963 of 2016 and allied matters." is hereby replaced and read as under:-

"13....respondent No. 4 Ghanshyam B. Bharad who has been discharging his duties in the cadre of general clerk-typist (Class-III) is entitled to get benefit at par with the minimum of regular pay scale of Rs.5,200 - 20,200/- and respondent No. 4 Hitesh H. Trivedi who has been discharging his duties in the cadre of Surveyor (Class-III) is entitled to get benefit at par with minimum of regular pay scale of Rs.9,300 - 34,800/- as contained in paragraph Nos. 12 and 13 of the judgment dated 6.3.2018 passed by Hon'ble Division Bench in Letters Patent Appeal No. 1036 of 2016 in Special Civil Application No.963 of

2016 and allied matters."

Further, in paragraph No.14 the word "twelve months" is hereby replaced and read as "twelve weeks".

Rest of the order shall remain unaltered.

Registry is hereby directed to issue fresh writ accordingly.

The note for speaking to minutes stands disposed of.

(HEMANT M. PRACHCHHAK,J)

SURESH SOLANKI

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 2764 of 2013 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/- ================================================================

1 Whether Reporters of Local Papers may be allowed to see No

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MAHUVA NAGAR PALIKA THRO CHIEF OFFICER Versus BHAVNAGAR JILLA MAZDOOR SANGH & ORS.

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Appearance:

MS SIDDHI VADODARIYA FOR THAKKAR AND PAHWA ADVOCATES(1357) for the Petitioner(s) No. 1 KARTIK H BHATT(9313) for the Respondent(s) No. 1,2,4,5 RULE SERVED for the Respondent(s) No. 3 ================================================================ CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 16/08/2024

ORAL JUDGMENT

1. Present petition is filed by the petitioner - Mahuva

Nagar Palika through Chief Officer under Articles 14, 226 and 227 of the Constitution of India read with the provisions of the Industrial Disputes Act, 1947 challenging impugned award dated 1.12.2012 passed by the Industrial Tribunal, Bhavnagar, in Reference (I.T.) No.

111 of 2000 seeking following relief/s:-

"(A) YOUR LORDSHIPS be pleased to issue appropriate writ, order or direction and be pleased to quash and set aside the judgment and award dated 01.12.2012 passed by respondent no.3-Industrial Tribunal, Bhavnagar in Reference (IT) No. 111/2000, in the interest of justice;

(B) YOUR LORDSHIPS be pleased to stay the implementation, operation and execution of the impugned judgment and award dated 01.12.2012 passed by respondent no.3- Industrial Tribunal, Bhavnagar in Reference (IT) No. 111/2000, pending the admission, hearing and final disposal of this petition;

(C) YOUR LORDSHIPS be pleased to grant such other and further reliefs as may be deemed fit and proper are deemed fit, in the interest of justice;"

2. The facts giving rise to present petition are that the respondents-workmen working as Rojamdar Clerk and Surveyor in different departments of petitioner Nagarpalika. There were no rules and regulations to give appointment to Rojamdars. The work was given to roja