Palitana Nagarpalika vs Ushaben Khodabhai 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. 51/1999 by which the Industrial Tribunal has directed the Petitioner to grant all the benefits to the Respondent, which are available to the permanent employee/safai kamdar and has granted permanency benefits to the Respondent with effect from 1999.

Having heard the learned advocate appearing on behalf of the Petitioner, it is not in dispute that the Respondent is working as daily wager/safai kamdar and there is no sanction set up sanctioned by the appropriate authority. It appears that the Industrial Tribunal has granted permanency benefits to the Respondent on the ground that he is working as daily wager 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 Respondent cannot be sustained.

Though served, nobody appears on behalf of the Respondent. It appears that the Petitioner has already approached the appropriate authority for increasing the strength of the safai kamdar and to sanction the set up.

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. 51/1999 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 Respondent 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.