They were however, companysidered as daily wage workers and were therefore, number being paid benefits such as pay and allowances etc.
The appellant, thereafter, filed an LPA before the Division Bench of the High Court, which was also dismissed as number maintainable.
He has further companytended that the companycerned workmen are doing the same work as is being done by the permanent safai kamdars and they have been working for similar number of hours, i.e. eight hours per day like the permanent employees of the appellant Panchayat.
7082 of 1994, which is also impugned herein, wherein the application filed by the appellant has been dismissed by the High Court by companyfirming the Award dated 15.05.1991 passed by the Labour Court in Reference LCD No.
The settlement between the workmen and the appellant Panchayat failed to resolve amicably during the companyciliation proceedings and therefore, the failure report was sent to the Dy.
6 of 1988.
Aggrieved by the Award of the Labour Court, the appellant Panchayat filed an appeal before the single Judge of the High Court, whereby the same was dismissed and it was held that the view taken by the Labour Court is just and proper as it has assigned companyent and companyvincing reasons for arriving at the companyclusion that the services of the companycerned workmen should be made permanent as the other employees of the appellant.
as are being paid to the permanent safai kamdars of the appellant Panchayat.
551 of 2013 in Misc.
The workmen of the Panchayat, some of whom are number deceased and are being represented by their legal heirs, were appointed to the post of safai kamdars of the appellant Panchayat and have served for many years, varying from 18 years, 16 years, 8 years, 5 years etc.
Civil Application No.3071 of 2012 in Special Civil Application No.
Hence, these appeals have been filed by the appellant seeking to set aside the judgments and orders of the High Court as well as the Award passed by the Labour Court.
The Labour Court has further directed the appellant Panchayat that the workmen should be paid wages, allowances and other monetary benefits as well for which they are legally entitled to.
For the purpose of companysidering the rival legal companytentions urged on behalf of the parties in these appeals and with a view to find out whether this Court is required to interfere with the impugned judgment and orders of the High Court as well as the Award of the Labour Court, the necessary facts are briefly stated hereunder The appellant Gram Panchayat was duly established under the provisions of the Gujarat Panchayat Act, 1993 in short the Act .
7082 of 1994, by the High Court of Judicature of Gujarat at Ahmedabad, whereby the High Court has dismissed the same as being number maintainable and has upheld the judgment and order of the learned single Judge of the High Court dated 13.07.2010, passed in Special Civil Application No.
Commissioner of Labour, Ahmedabad, who referred the same to the Labour Court vide Reference LCD No.6/88.
The Labour Court by its Award held that the workmen are to be made permanent employees as safai kamdars in the appellant Panchayat.
On the other hand, it has been companytended by Mr. S.C. Patel, the learned companynsel appearing on behalf of the respondent Union that the companycerned workmen have been working for many years, such as 18 years, 16 years, 8 years companytinuously and some of them have been working for more than 5 years in the appellant Panchayat.
In spite of it, they are being monetarily exploited by the appellant Panchayat by number being paid regular salary and other monetary benefits for which they are legally entitled to but are being paid much lesser wage, i.e. Rs.390/ per month.
These appeals have been filed by the appellant against the final judgment and order dated 23.07.2013 passed in Letters Patent Appeal No.
GOPALA GOWDA, J. Delay companydoned.
Leave granted.
On 23.07.1987, the workmen raised an industrial dispute before the Conciliation Officer at Bhavnagar, through the respondent number1, Municipal Employees Union for short Union stating therein that after rendering services for a number of years, the workmen are entitled to the benefit of permanency under the appellant Panchayat.
They are number paid the monetary benefits and allowances etc.
as are being paid to other permanent safai kamdars who are working in the appellant Panchayat.
