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Judgment
Bhagwati Prasad, J.—Heard Shri S.N. Shelat, learned Senior Counsel with Shri R.M. Chhaya, learned advocate for the appellant and Shri A.K. Clerk, learned advocate for the respondent.
The appellant Corporation has challenged the award passed by Honourable Industrial Tribunal, Ahmedabad, in Reference (IT) No. 782 of 1983 dated 30/10/2000, confirmed by this Court in Special Civil Application No. 518 of 2007 vide judgment & order dated 20/7/2004.
Shri A.K. Clerk, learned advocate appearing for the respondent workmen states that as such the appellant Corporation has implemented the award impugned in this appeal and he further states that both the workmen Mr. Mohmadbhai I. Patel and Mr. Sirishkumar H. Pathak have been paid arrears as per the said award up to March 2006, and that vide office order dated 29/12/2009 passed by the Corporation names of both the workmen appears as telephone operators.
As against this, Shri S.N. Shelat, learned senior counsel states that arrears have been paid till March 2006 and the respondent workmen have filed Recovery Application for the period from April 2006 onwards. It is also further stated that the Corporation has yet not fixed the pay-scale of the respondent workmen.
It transpires from the above, that the Corporation has substantially implemented the award under challenge and hence in the facts & circumstances no useful purpose would be served by passing any order on merits in the present appeal. Hence the appeal is disposed off and the award dated 30/10/2000 passed by Honourable Industrial Tribunal in Reference (IT) No. 782 of 1983 and order passed by learned Single Judge in Special Civil Application No. 518 of 2001 are confirmed. It is however specifically made clear that the above award would be applicable in case of respondent workmen only and the same shall not be cited as a precedent in any other proceedings, and the same shall not be applicable to any other similarly situated workmen. The appeal thus stands disposed off. The needful will be done as far as possible within six weeks. No costs.