Palitana Nagarpalika vs Kalubhai Bachubhai Naiya (Husband) repre. of Safai Kamdar Sangh and Another

M.R. Shah, J.—By way of this petition under Article 227 of the Constitution of India the Petitioner-Palitana Nagarpalika has prayed for an appropriate writ, order or direction quashing and setting aside the impugned judgment and award dated 23/01/2009 passed by the Industrial Tribunal, Bhavnagar in Reference (I.T.) No. 36/2001 by which the Industrial Tribunal has directed the Petitioner to grant all the benefits to the Respondents, which are available to permanent employees/safai kamdar and has granted permanency benefits to the Respondents with effect from 2005.

Having heard the learned advocates appearing on behalf of the respective parties, it is not in dispute that both the Respondents are working as daily wagers/safai kamdars and there is no sanction set up sanctioned by the appropriate authority. It appears that the Industrial Tribunal has granted permanency benefits to the Respondents on the ground that they are working as daily wagers since many years. Considering the decision of Hon''ble Supreme Court in the case of Secretary, State of Karnataka and Others Vs. Umadevi and Others, the impugned judgment and award passed by the Industrial Tribunal to grant permanency benefits to the Respondents cannot be sustained.

At this stage, Shri Prajapati, learned advocate appearing on behalf of the Respondents has stated that the Petitioner has already approached the appropriate authority for increasing the strength of the safai kamdar and to sanction the set up and, therefore, it is requested to make suitable observation that as and when the set up is increased, in that case, the case of the Respondents be considered for permanent appointment alongwith other similarly situated safai kamdar.

In view of the above and for the reasons stated hereinabove, the impugned judgment and award passed by the Industrial Tribunal dated 23/01/2009 in Reference (I.T.) No. 36/2001 is hereby quashed and set aside. However, it is observed that as and when there is sanction set up by the appropriate authority, the case of the Respondents alongwith other similarly situated safai kamdar be considered in accordance with law.

With this, the present petition is allowed. Rule is made absolute to the aforesaid extent. No cost.