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2018 DIGILAW 215 (GUJ)

JAMNAGAR MUNICIPAL CORPORATION v. R M DATTANI

2018-01-23

BIREN VAISHNAV, M.R.SHAH

body2018
JUDGMENT : M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge dated 16.11.2016 passed in Special Civil Application No.11173 of 2009, original petitioner – Jamnagar Municipal Corporation has preferred present Letters Patent Appeal under Clause 15 of the Letters Patent. 2. Today, when the present Appeal is taken up for further hearing, there is broad consensus between the learned advocates for the respective parties to dispose of the present Letters Patent Appeal and modify the impugned judgment and order passed by the learned Single Judge in terms of the following. (1). That the concerned workman – respondent herein shall be put in the regular pay scale from the date of judgment and award passed by the learned Labour Court, Jamnagar in Reference (LCJ) No. 315 of 1995 i.e. 23.07.2009 however period between 23.07.2009 till 4.2.2015 shall be treated as notional and the concerned workman shall be paid the arrears by putting him in the regular pay scale only from 4.2.2015. That however, continuity in service shall be counted for all purpose from the date of initial appointment i.e. 1.1.1994. 3. In view of the above broad consensus between the learned advocates for the respective parties, present Letters Patent Appeal stands disposed of and the impugned judgment and order passed by the learned Single Judge dated 16.11.2016 and judgment and award passed by the Labour Court, Bhavnagar dated 23.07.2009 passed in Reference (LCJ) No.315 of 1995 are hereby modified to the extent and it is observed, held and directed that the respondent herein original workman shall be put in the regular pay scale of Sanitary Inspector / post on which he is serving w.e.f. 23.07.2009, however the period between 23.07.2009 to 4.2.2015 shall be treated and considered as notional and concerned workman shall be paid the actual wages as per the regular pay scale w.e.f. 4.2.2015 only. However, his continuity shall be counted / considered from his initial appointment i.e. 1.1.1994. The respondent herein concerned workman shall be paid backwages / different in the wages accordingly w.e.f. 4.2.2015 (as agreed) within a period of four weeks from today. The appellant Corporation is directed to act accordingly. Present appeal stands disposed of in terms of the above. In view of disposal of the Letters Patent Appeal, Civil Application stands disposed of.