Gujarat High Court
Kalol Nagar Palika Through Chief ... vs Secretary, Municipal And Panchayat ... on 7 February, 2024
Author: N.V.Anjaria
Bench: N.V.Anjaria
NEUTRAL CITATION
C/LPA/1652/2019 ORDER DATED: 07/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1652 of 2019
In R/SPECIAL CIVIL APPLICATION NO. 7225 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/LETTERS PATENT APPEAL NO. 1652 of 2019
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KALOL NAGAR PALIKA THROUGH CHIEF OFFICER
Versus
SECRETARY, MUNICIPAL AND PANCHAYAT EMPLOYEES UNION
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Appearance:
MR KEYUR A VYAS(3247) for the Appellant(s) No. 1
MS. REENA KAMANI, ADV. FOR MR PH PATHAK(665) for the
Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 07/02/2024
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Heard learned advocate Mr. Keyur Vyas for the appellant and
learned advocate Ms. Reena Kamani for learned advocate Mr. P. H.
Pathak for respondent No.1.
2. Order dated 20.8.2019 passed by learned single Judge disposing of
the Civil Application No. 1 of 2019 filed in the main Special Civil
Application, is sought to be impugned in this Letters Patent Appeal.
Admittedly the order was passed upon an interim application and is an
interim order.
3. It was the appellant-municipality which filed the Special Civil
Application seeking to challenge and setting aside judgment and award
dated 10.12.2018 of the Industrial Tribunal, Ahmedabad, in Reference
(IT) No. 46 of 2010, whereby the employer-Nagarpalika was directed to
NEUTRAL CITATION
C/LPA/1652/2019 ORDER DATED: 07/02/2024
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grant the benefit of regularisation to the workmen with 25% back wages
from the date of completion of one year's service.
3.1 While the said petition challenging the judgment and award of the
Industrial Tribunal is pending consideration of learned single Judge and
where the final merits are at large, the aforesaid order dated 20.08.2019
came to be passed by learned single Judge upon an interim application
filed by the employees.
3.2 The following interim directions came to be issued, extracting from
para 10 of the order,
"When prima facie the case is made out by the workman, the staying of
the award in its totality would further add to the exploitation of the
workmen. However, at the same time, the question would be whether,
the workmen were entitled to the 50% of the back wages as also what
could be the relevant date from which they can be regularized or given
the appropriate benefits. Therefore, the award granting 50% of the back
wages and treating them permanent employee from the date of
appointment is required to be stayed but the prospective operation of the
award without 50% of the back wages is required to be maintained by
this interim order."
3.2.1 It was further directed,
"Accordingly, it is directed that the impugned judgment and award
insofar as it awards the status of permanency from the date of the
workmen joining the service as also the grant of 50% of the back wages
is stayed. The award shall however be implemented subject to the above
stay, from the date of award, subject to the final result of the petition."
4. Therefore, it could be gathered from the aforesaid order that the
directions are based on the basis of prima facie case. The judgment and
award of Labour Court in so far as it granted permanency from the date of
joining of service and grant of 50% back wages came to be stayed. The
rest of the award namely the directions regarding granting of
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C/LPA/1652/2019 ORDER DATED: 07/02/2024
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regularisation was not stayed. It was stated that it has been implemented.
5. Admittedly, when the impugned order is an interim order, no rights
have been crystallized finally of either side. Even the stay against grant
of permanency status from the date of joining as well as stay against the
payment of back wages has to be viewed tentative, since it is in the
interim application.
5.1 The final merits will be settled in the main proceedings. All the
aspects covered in this interim order have only tentative value subject to
final outcome of main Special Civil Application. All aspects involved
in the controversy are at large to be decided on merits by learned single
Judge.
6. Since the impugned order is an interim order and it does not
determine the rights of the parties finally, this court is not inclined to
entertain the Letters Patent Appeal.
6.1 It is considered apposite to observe that learned single Judge shall
proceed with the hearing of the main Special Civil Application to decide
it expeditiously with co-operation of the parties.
7. The present appeal is accordingly not entertained and is dismissed.
Civil Application for stay stands disposed of in view of dismissal
of the main appeal.
(N.V.ANJARIA, J)
(PRANAV TRIVEDI,J)
C.M. JOSHI
