JETPUR NAVAGADH MUNICIPALITY, THRO CHIEF OFFICER BHARATKUMAR PRAVINCHANDRA VYAS Vs. KISHORBHAI KADVABHAI KONDOLIA THRO SAURASHTRA EMPLOYEES UNION

JUDGEMENT

(1.) Heard Mr. Trivedi, learned advocate for the petitioner and Mr. Sanghavi, learned advocate for the respondent.

(2.) In present petition, the petitioner - Jetpur Navagadh Municipality has challenged award dated 15.12014 passed by learned Tribunal at Rajkot in Reference (IT) No.44 of 2001 whereby the learned Tribunal directed present petitioner to grant minimum pay scale attached to the post to which the respondent herein came to be employed. The learned Tribunal has clarified that the respondent shall be entitled for such pay scale on par with regular employees working on the same post with effect from the date he came to be appointed, however, for the interregnum, i.e. the period from the date of appointment (the date of entitlement determined by the learned Tribunal) to the date of award shall be considered notional and actual salary in the regular pay scale, after such fixation, shall be payable from the date of award.

(3.) So far as factual background is concerned, it has emerged from the record that somewhere in 2001, present respondent raised demand/dispute that though he has been working as regular and permanent employee on the post of wireman, regular pay scale is not granted to him and that therefore, from the date when he completed one year in service (after having joined the service in March 1989), he should be considered regular and permanent employee and benefit of regular pay scale should be granted to him.