Gujarat High Court
Ahmedabad Municipal Transport Service vs Secretary, Amts Karmachari Sangh on 8 January, 2024
NEUTRAL CITATION
C/SCA/2500/2021 ORDER DATED: 08/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2500 of 2021
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AHMEDABAD MUNICIPAL TRANSPORT SERVICE
Versus
SECRETARY, AMTS KARMACHARI SANGH
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Appearance:
MS. VRUNDA C SHAH(6702) for the Petitioner(s) No. 1
MR PARESH J BRAHMBHATT(9788) for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 08/01/2024
ORAL ORDER
1. The Ahmedabad Municipal Transport Service ('AMTS' for
short) has filed this petition challenging the judgment and
award dated 27.12.2018 by the Industrial Tribunal, Ahmedabad
in Reference (IT) Case No.67 of 2008, wherein the petitioner -
AMTS was directed to issue identity card and pay slips to (i)
regular employees, (ii) badli workers, (iii) daily wagers and (iv)
contractual employees working with AMTS.
2. Heard Ms.Vrunda Shah, learned advocate for the
petitioner and Mr. Paresh Brahmbhatt, learned advocate for the
respondents.
3. Ms. Shah, learned advocate for the petitioner submitted
that award dated 27.12.2018 of the Industrial Tribunal,
NEUTRAL CITATION
C/SCA/2500/2021 ORDER DATED: 08/01/2024
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Ahmedabad in Reference (IT) Case No.67 of 2018 is erroneous
since the directions has been issued to issue Identity card and
Pay slips to the contract workers working with AMTS. She
submitted that the contract workers are appointed by
contractors and they do not have any master servant
relationship with the petitioner - AMTS and, therefore, the
direction of the Industrial Tribunal to issue Identity card and
pay slips to contract workers is erroneous. Admittedly, the
contract workers are not in direct employment of the AMTS
and, therefore, the petitioner is not required to issue pay slips
and Identity cards to them. She fairly submitted that workmen
appointed by AMTS and those who are in direct employment
of AMTS as Kayami Kamdar, badli kamdaar, Rojamdar and
temporary Kamdar are entitled for pay slips as well as identity
cards. Placing reliance on the circular dated 05.08.2016 of the
Corporation she submitted that requirement for issuance of
identity card has been informed to all the workmen working
with the petitioner corporation. She thus, submitted that the
direction to issue I-cards and pay slips to contract workmen is
erroneous and deserves to be quashed and set aside.
4. On the other hand, Mr. Brahmbhatt, learned advocate for
the workmen submitted that the workmen who are in
employment of AMTS are not getting the pay slips and identity
cards, which is basis of their employment with the AMTS.
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C/SCA/2500/2021 ORDER DATED: 08/01/2024
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Therefore, the dispute was raised seeking the aforesaid
demand. He submitted that many workmen have lost their
identity cards and, therefore, they are to be issued fresh
identity cards. In relation to the workmen working with
contractor he could not dispute that they cannot be stated to
be appointed by AMTS and, therefore, they cannot be issued
pay slips and identity cards by the petitioner - AMTS as
directed.
5. Considering the submissions and the circular dated
05.08.2016 following order is passed: -
(a) The direction of the Industrial Tribunal to issue Identity
Card and Pay Slip to the contractual employee is only quashed
and set aside. Rest of the award is confirmed.
(b) Interested workmen for issuance of I-Card, shall make an
application as per the circular dated 05.08.2016. Once such
request is made, the petitioner - AMTS is directed to issue I-
card to Kayami kamdaar, badli kamdaar, Rojamdar and
temporary workmen within reasonable time.
(c) The pay slips also are directed to be issued to the
workmen who have been appointed by AMTS and in direct
employment of AMTS.
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C/SCA/2500/2021 ORDER DATED: 08/01/2024
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6. The present petition is disposed of accordingly. No Cost.
(MAUNA M. BHATT,J)
NAIR SMITA V.
