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Judgment
Sonia Gokani, J
This petition is preferred by Paliyad Gram Panchayat through the TalaticumMantri seeking following reliefs:
"A) That this Hon'ble Court be pleased to admit and allow this petition;
B) That this Hon'ble Court be pleased to issue any appropriate writ order or direction, directing the quashing and setting aside the order dated 8/1/2015 passed in Reference LCB No.5 of 2006 by the Hon'ble labour Court, Bhavnagar.
C) pending hearing and final disposal of this petition, the Hon'ble Court be pleased to stay the implementation, execution and operation of order dated 8/1/2015 passed in Reference LCB No.5 of 2006 by the Hon'ble Court, Bhavnagar.
D) That this Hon'ble Court be pleased to pass any other and further orders in the interest of justice."
It appears that all the three respondents have been working as part time sweepers from 2001, 2004 and 2006 respectively. In their favour the award has resulted of the labour Court, which has granted them reinstatement with backwages and continuity of service making them permanent and granting them all the benefits incidentally to the post from January, 2008.
This Court on 12.01.2017 admitted the matter by the following order:
"1. This application is preferred, seeking disposal of the main matter being Special Civil Application No. 12149 of 2015, in wake of the compromise arrived at by and between the parties.
This Court has heard the learned Advocate, Ms. Acharya, and also has noticed that all the respondents have agreed to accept a sum of Rs.75,000/ in lieu of backwages. Since, the main petition has been filed by the Panchayat, where, this Court has already issued rule and since, in wake of this compromise between the parties, there will be a need to modify the original award, the presence of the respondents would be necessary.
This application, therefore, is not entertained, at this stage.
Learned Advocate, Ms. Acharya, ensures to keep the respondents present, on the next date.
Office to list the main matter for hearing on 20TH DECEMBER, 2019. DISPOSED OFF, accordingly."
Today, Ms. R.V. Acharya, learned advocate appearing for the petitionerPaliyad Gram Panchayat ("the Panchayat" for short) has urged that the compromise has been effected by way of amicable settlement and respondents are ready to forgo the rights and restrict themselves to Rs.75,000/ (Rupees Seventy Five Thousand only) each. The Panchayat has agreed to give them permanency and their services shall be considered from the year 2008. All the three respondents are before this Court. The Talati cumMantri is not present, instead Ms. Baluben Dahyabhai Herampa is present. From the office of TalaticumMantri, Shri Mahendrabhai Jagubhai Dhadhel, Clerk, is present.
Learned advocate Ms.Acharya has moved a Civil Application along with the settlement, where the respondents had agreed to compromise and accept the amount of Rs.75,000/ as arrears. The State Government has already sanctioned seven posts for sweepers out of which, five posts are vacant. These three respondents, according to this compromise, would be made permanent on these posts as directed by the labour Court since, they have been working on a continuous basis.
The Court had enquired from the respondents individually who are not represented by any lawyer and, therefore, considering their illiteracy and socioeconomic strata chose to appoint learned advocate Ms. E. Shailaja to make them understand implication of compromise and also to act as an amicus curiae.
After talking to the respondents in detail, ls Ms. E. Shailaja submitted that they are aware of their rights and possible loss monetary, which is likely to be caused them. She also has urged the Court that despite the due endeavours, the respondents are not ready to wait further and they are instead, desirous of accepting the sum of Rs.75,000/ (Seventy Five Thousand only) and other benefits flowing out of the said compromise. The Court had also explained to these ladies, who are present, the possibility of the right flowing from the award made by the labour Court, resulting into more benefits to them in terms of the monetary gains and yet, they have chosen to abide by the terms of compromise and have urged the Court to finalise the same. There is no coercion nor any extraneous reason for their foregoing their rights of additional amount of backwages, but the early recovery of amount due to their advanced age and need of respective family.
Resultantly, the compromise effected by the parties is accepted. The respondents shall need to give an effect to the said compromise by making all the three respondents permanent from the year January, 2008 with all benefits incidental to the same posts. Their appointment shall be made against the sanctioned post, which have been sanctioned by the State Government.
Pursuant to the order of this Court, the letter of making them permanent and granting them all incidental benefits shall be issued by the TalaticumMantri, which shall also be placed before this Court.
The period of installments shall be from 01.01.2020. The first installment of Rs. 25,000/(Rupees Twenty Five Thousand only) shall be paid on 01.01.2020, the second installment of the very amount shall be paid on 05.03.2020 and the third installment of remaining sum of Rs.25,000 (Rupees Twenty Five Thousand only) shall be paid by 05.05.2020. Each installment shall be deposited in their respective bank accounts, which is officially maintained by the Panchayat and the proof, thereof, shall be also produced before the Registry. Once received, the same shall be placed along with the papers of this matter by the Registry. Each respondent shall be given cost of Rs.2,500/(Rupees Two Thousand Five Hundred only) as costs.
The matter is posted on 27.12.2019 for the Panchayat to produce the letter of appointment with all other details as mentioned hereinabove through TalaticumMantri, who shall personally remain present with the same. To be listed in the first 05 matters on the adjourned date.
The Court places on record appreciation of the services rendered by learned advocate Ms. E. Shailaja.