Chandubhai Bhikhabhai Thakor v. President-Chief Officer
2009-01-23
K.S.JHAVERI
body2009
DigiLaw.ai
JUDGMENT : K.S. Jhaveri, J. 1. The petitioners have prayed for a direction to regularise the services of the petitioners and to grant benefits of regularisation with 18% interest with effect from the date of their joining. 2. According to the petitioners they are working under respondent Nagar Panchayat since the year 1983, 1989 and 1989 respectively on daily wage basis. The contention of the petitioners is that though they were initially engaged on the vacant posts of their respective cadres, looking to the nature of the work under the respondent Nagar Panchayat, services of the petitioners are required permanently. According to them they are doing the same duty as that of permanent employees, but they were paid only Rs.32.07 paise whereas the permanent employees were paid regular scale. Hence they have filed the present petition. 3. Learned Advocate for the petitioners submitted that there is clear discrimination against the petitioners and that their services are required for the Panchayat and their services may be regularized. 4. Mr. Pathak submitted that in view of long lapse of time the petitioners might have been granted the benefits of Government Resolution dated 17/10/1988 or their services might have been regularised. He further submitted that in case no benefits are granted to the petitioners, they may be permitted to avail of appropriate remedy under industrial law. 5. Mr. R.A.Patel, learned advocate appearing for the respondent has submitted that the petitioners are working as daily wagers and they were not engaged on the vacant post and there is no such post in the Nagarpalika as claimed by the petitioners. He therefore submitted that the petition deserves to be dismissed. 6. It is required to be noted that at the time of admission of the petition interim relief was granted and the petitioners were retained in service and they have been continued. Therefore at this stage it would not be proper for this court to pass any orders against them. Therefore the respondent shall not disturb the position of the petitioners. In case the petitioners are not granted the benefits, it will be open to them to avail of appropriate remedy under the Industrial Law. With these directions the petition is disposed of. Rule is made absolute to the aforesaid extent with no order as to costs. Petition partly allowed.