ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE)

1. Rule, returnable forthwith. Learned advocate Mr. T. R. Mishra waives service of notice of rule on behalf of the respondent. 1.1 The present Letters Patent Appeal challenges judgment and order dated 06.08.2021 in Special Civil Application No.6272 of 2012 whereby the writ petition has been allowed, while the relief for regularization in service has been denied to the respondent workman. His prayer for claim for minimum wages at par with regularly engaged employees has been granted.

2. The brief facts leading to filing of the present Letters Patent Appeal are as follows :-

2.1 The respondent was initially appointed as daily-wager on ad-hoc basis with effect from 01.01.1998 in Class-IV cadre in Botad Nagarpalika. On 04.04.1998, the respondent workman filed Civil Suit No.58 of 1998 for regularization of his services and by way of interim relief, he prayed for stay against termination of his services. By order dated 04.04.1998, the learned trial court was pleased to stay the termination of the respondent workman from the services of Botad Nagarpalika. Thereafter on 09.07.1998, the respondent workman preferred Reference (IT) No.102 of 1998 for regularization and grant of all consequential benefits. On 10.07.1998, the workman preferred another Complaint (IT) No.6 of 1998 and obtained stay against his termination. Thereafter on 11.07.1998, the respondent workman withdrew his Civil Suit No.58 of 1998.

2.2 It is the case of the respondent workman that his services were continued till the year 2005. Thereafter, by order dated 27.04.2005, his services came to be terminated by Botad Nagarpalika against which the respondent workman filed Complaint (IT) No.7 of 2005 under Section 33-A of the Industrial Disputes Act. By order dated 30.06.2007, the learned Industrial Tribunal held that the termination of the workman on 27.04.2005 was illegal and directed to reinstate the respondent workman with all consequential benefits. Thereafter, the appellant – Botad Nagarpalika filed Special Civil Application No.29004 of 2007 before this Court whereby the said award came to be modified vide order dated 02.04.2008 and it was held that the respondent workman was entitled to reinstatement with continuity in service and 50% back-wages for the interim period. By order dated 07.03.2012 in Reference (IT) No.102 of 1998, the learned Industrial Tribunal was pleased to dismiss the reference preferred by the respondent workman denying him regularization in service and consequential benefits.

2.3 Aggrieved, the respondent workman preferred Special Civil Application No.6272 of 2012 before this Court praying for the following reliefs : -

“(A) That Your Lordships be pleased to issue an order, direction and/or writ in the nature of mandamus and/or any other appropriate writ, order or direction, quashing and setting aside the impugned award passed by the Industrial Tribunal marked ANN.A to this petition, being illegal, contrary to record and against the decision rendered by the Hon’ble Supreme Court of India in series of petitions quoted in the body of the petition;

(B) That Your Lordships be Pleased to direct the respondent to grant pay-scale along with the arrears for the post of Peon to the petitioner;

(C) Pending admission and final disposal of this petition, Your Lordships be pleased to direct the respondent to reconsider the case in the light of the submissions made in the present petition;

(D) Any other and such further relief as the Hon’ble Court deems fit and proper in the interest of justice together with costs;”

2.4 By impugned judgment and order dated 06.08.2021, the learned Single Judge was pleased to partly allow the Special Civil Application. While denying the regularization in service, the learned Single Judge was pleased to hold that the respondent workman was entitled to get the benefit of wages at par with the minimum of the pay-scale revised from time to time on the same lines as is being given t