Decided on June 17,2016

Savarkundla Nagar Palika Appellant
Municipal Employees Association Respondents


K.M.THAKER,J. - (1.) Heard Mr. Bhavsar, learned advocate for the petitioner, and Ms. Kamani, learned advocate, for Mr. Pathak, learned advocate for the respondent No.1, contesting party.
(2.) In present petition, the petitioner Nagarpalika has challenged award dated 7.9.1999 passed by the learned Industrial Tribunal, Bhavnagar in Reference (IT) No.240 of 1991 whereby the learned Tribunal has directed the petitioner to regularize the service of the concerned claimants by considering the concerned claimants as daily wagers for period of first five years from the date they joined the service and by considering the concerned claimants as temporary workmen for subsequent five years and thereafter, to treat the concerned claimants as permanent workmen with consequential benefits and to pay arrears from the said date within 30 days. Aggrieved by such direction, the petitioner filed present petition.
(3.) At the outset, Mr. Bhavsar, learned advocate for the petitioner, submitted that during pendency of the petition, the petitioner Nagarpalika and the respondent union had entered into negotiations and deliberations for full and final settlement of the dispute. He further submitted that, as a result of joint deliberations and negotiations, an amicable settlement came to be arrived at. He submitted that the concerned claimants had offered that if benefit of regularization and permanency as per the directions passed by the learned Tribunal is granted, then, the workmen / union are ready and willing to accept 20% of backwages and to forego balance 80% of backwages awarded by virtue of the award impugned in the petition. He submitted that in view of the said request and offer by the concerned claimants, the petitioner Nagarpalika deliberated the issue during the meeting of the Executive Committee and after due deliberations, it was decided to accept the said suggestion and offer so as to put an end to the dispute and the litigation. He also submitted that accordingly, the petitioner Nagarpalika passed resolution to grant benefit of regularization in phased manner as directed by the learned Tribunal and to pay 20% backwages in installments (depending on the financial condition of the Nagarpalika) from the date of permanency in the employment. Mr. Bhavsar and Mr. Sanchela, learned advocates, while relying on documents dated 30.11.2015, 31.12.2015 and 1.2.2016, further submitted that the petitioner has paid first, second and third installments respectively of the amount agreed to be paid to the concerned workmen in installments (i.e. 20% of backwages) and the concerned workmen have accepted the said amount. To support the said submission, he placed on record photocopy of the statement reflecting signed receipts acknowledging the payment to the concerned workmen.;

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