- (1.) Delay condoned. Leave granted.
(2.) These appeals have been filed by the appellant against the final judgment and order dated 23.07.2013 passed in Letters Patent Appeal No. 551 of 2013 in Misc. Civil Application No.3071 of 2012 in Special Civil Application No. 7082 of 1994, by the High Court of Judicature of Gujarat at Ahmedabad, whereby the High Court has dismissed the same as being not maintainable and has upheld the judgment and order of the learned single Judge of the High Court dated 13.07.2010, passed in Special Civil Application No. 7082 of 1994, which is also impugned herein, wherein the application filed by the appellant has been dismissed by the High Court by confirming the Award dated 15.05.1991 passed by the Labour Court in Reference (LCD) No. 6 of 1988.
(3.) For the purpose of considering the rival legal contentions urged on behalf of the parties in these appeals and with a view to find out whether this Court is required to interfere with the impugned judgment and orders of the High Court as well as the Award of the Labour Court, the necessary facts are briefly stated hereunder: The appellant-Gram Panchayat was duly established under the provisions of the Gujarat Panchayat Act, 1993 (in short 'the Act'). The workmen of the Panchayat, some of whom are now deceased and are being represented by their legal heirs, were appointed to the post of safai kamdars of the appellant- Panchayat and have served for many years, varying from 18 years, 16 years, 8 years, 5 years etc. They were however, considered as daily wage workers and were therefore, not being paid benefits such as pay and allowances etc. as are being paid to the permanent safai kamdars of the appellant- Panchayat.;