Gujarat High Court
Jamnagar Municipal Corporation vs Majoor Mahajan Sangh on 23 July, 2025
NEUTRAL CITATION
C/SCA/444/2020 JUDGMENT DATED: 23/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 444 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
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JAMNAGAR MUNICIPAL CORPORATION
Versus
MAJOOR MAHAJAN SANGH
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Appearance:
MR HS MUNSHAW(495) for the Petitioner(s) No. 1
RULE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 23/07/2025
ORAL JUDGMENT
1. The present petition is filed challenging the award passed by the learned Tribunal, Jamnagar in Reference (IT) No.29 of 2012 dated 29.09.2017, granting the pay grade of 950-1500 from 01.07.1992 to the 8 workmen on the ground that in the different Corporations firemen have been paid the said pay grade.
2. It is the case of the present petitioner that 24 employees had approached the learned Tribunal seeking the pay grade of 950-1500 from 01.07.1992 and during the pendency of the Page 1 of 4 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 00:24:06 IST 2025 NEUTRAL CITATION C/SCA/444/2020 JUDGMENT DATED: 23/07/2025 undefined reference, the names which are figured at serial Nos.13, 14, 18, 21 and 24 have taken the benefit of settlement; the names which are figured at serial Nos.1, 17, 19 and 20 died during the pendency and serial Nos.2 to 7 and 12 were retired from the service. At the time of adjudication, the reference was confined only with regard to 8 workmen and the learned Tribunal has considered the principle of equal pay to equal work and passed an impugned order, which is the subject matter of challenge before this Court.
3. Heard learned advocate Mr. Munshaw for the petitioner and though rule is served, no one has represented the respondent.
4. Learned advocate Mr. Munshaw submitted that the benefit of the pay grade of 800-1150 was granted with regard to Reference No.227 of 1987 from 1988 onwards; thereafter, as there was no change in the pay grade, the reference came to be filed. Learned advocate Mr. Munshaw submitted that the respondent - employees have already been given the pay grade of 950-1500 from the year 2008 onwards. Learned advocate Mr. Munshaw submitted that as the pay grade has already been Page 2 of 4 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 00:24:06 IST 2025 NEUTRAL CITATION C/SCA/444/2020 JUDGMENT DATED: 23/07/2025 undefined implemented from 2008, no further relief was required to be granted by the learned Court; however, without considering the same, the learned Tribunal has awarded the reference in favour of the respondents - employees. It is submitted by the learned advocate Mr. Munshaw that the Municipal - Corporation is having a separate identity and therefore, they are free to take decision and that decision cannot be interfered with by any Court of law more particularly when the decision was taken after considering the financial status.
5. Having considered the arguments advanced by the learned advocate Mr. Munshaw, it emerges from the record that out of 22 workmen, the reference was confined to only 8 workmen. The benefit of the pay grade of 950-1500 was sought from 01.07.1992. It emerges from the evidence of the witness, namely, Ashokbhai Nanubhai, who is one of the employees examined below Exh.21, that except for the Jamnagar Corporation, other Corporations have implemented the said pay scale; however, without any reason, the respondent - workmen were deprived from the said benefits. The witness of the Corporation who was examined below Exh. 42 has admitted during the evidence that in Page 3 of 4 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 00:24:06 IST 2025 NEUTRAL CITATION C/SCA/444/2020 JUDGMENT DATED: 23/07/2025 undefined Rajkot 1200-1400 pay grade was granted to the firemen; in Bhavnagar, Surat, Ahmedabad and Vadodara 950-1500 pay scale was granted to identically situated workmen. It emerges that on considering the principle of equal pay to the equal work, the learned Court has granted the benefit from 1992 to 2008, as the petitioner - Corporation has implemented the said pay grade from 2008 onwards. Learned advocate Mr. Munshaw is unable to point out any infirmity in the impugned award. Therefore, in the considered opinion of this Court, no interference is required and the petition is required to be dismissed.
6. Resultantly, the present petition is dismissed.
(M. K. THAKKER,J) Vikramsinh Amarsinh Page 4 of 4 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 00:24:06 IST 2025