PALIYAD GRAM PANCHAYAT Vs. LILABEN SOMABHAI PARMAR

JUDGEMENT

(1.) RULE . Mr. G. Ramakrishnan, learned counsel and Mr. Shaivang D. Mehta, learned counsel waives service of Rule on behalf of respondent Nos. 1 to 3 and 4 to 5 respectively. By consent, Rule is fixed forthwith.

(2.) THE Paliyad Gram Panchayat has filed the present petition challenging the Award dated 31.12.2007 passed in Reference LCB No. 5 of 2006 by the Labour Court, No. 1, Bhavnagar on various grounds and the main ground being that the settlement in favour of respondent Nos. 1 to 3 arrived at by the ex -Sarpanch at the time when his term was about to be over and when the election to the Gram Panchayat was already declared, is not only illegal and improper but was also against the interest of the Gram Panchayat. It was pointed out that these three respondents could not have been made permanent by such a settlement since there were no sanctioned posts and that there were other senior Safai Kamdars who were first entitled to get benefit of permanency for which a complaint was received from such employees, a copy of which is produced at Annexure - E to the petition.

(3.) THE notice was issued to the respondents by this Court on 18.7.2008 and the other Senior Safai Kamdars have also joined themselves as party respondent No. 4 and 5 to the petition and have pointed out that their references seeking the same reliefs filed also in point of time in the same Labour Court at Bhavnagar are yet to be heard and decided and that, therefore, the settlement made with the respondent No. 1 to 3 was required to be set aside.