Jamnagar Municipal Corporation vs Majoor Mahajan Sangh
2025 Latest Caselaw 1252 Guj

Gujarat High Court

Jamnagar Municipal Corporation vs Majoor Mahajan Sangh on 23 July, 2025

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                              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
                        ==========================================================

                           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

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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

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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

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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