Gujarat High Court
Valsad Nagar Palika vs Gujarat Mazdoor Sabha Thru General ... on 23 August, 2019
Author: Anant S. Dave
Bench: Anant S. Dave, Biren Vaishnav
C/LPA/1056/2019 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR STAY) NO. 2 of 2019
In R/LETTERS PATENT APPEAL NO. 1056 of 2019
In R/SPECIAL CIVIL APPLICATION NO. 3062 of 2015
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VALSAD NAGAR PALIKA Versus GUJARAT MAZDOOR SABHA THRU GENERAL SECRETARY NARENDRA N PATEL =============================================== Appearance:
MR MITUL SHELAT for YOGI K GADHIA for the PETITIONER(s) No. MR AMRESH N PATEL for the RESPONDENT(s) No. MR CHINTAN DAVE ASST. GOVT. PLEADER for the RESPONDENT(s) No. =============================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE and HONOURABLE MR.JUSTICE BIREN VAISHNAV Date : 23/08/2019 IA ORDER (PER : HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE)
1. Heard learned advocates for the parties.
2. Letters Patent Appeal is already admitted on 25.7.2019.
3. In the backdrop of 20 to 25 years of service respondent/original petitioners preferred a writ petition seeking regular pay-scale and other benefits, which came to be allowed by learned Single Judge and Letters Patent Appeals are directed against the judgement rendered by learned Single Judge.
4. Having regard to the facts and circumstances and for the sake of convenience para 73 of the operative order passed by the learned Single in Special Civil Application 3062 of 2015 dated 2.11.2018 reads Page 1 of 4 Downloaded on : Sun Oct 20 02:13:37 IST 2019 C/LPA/1056/2019 IA ORDER as under:
"73 In the aforesaid view of the matter, this petition is disposed of with the following directions:
[1] The concerned employees of the respondent - Nagarpalika are held to be entitled to the minimum of the pay scale of the posts on which they are working for a period extending five years.
[2] The respondent - Valsad Nagarpalika is directed to pay the minimum of the pay scale attached to the respective posts from 1st January 2019 onwards to all the temporary employees in employment, who have put in more than five years of service and still continue to be in service. Their pay shall be fixed and paid accordingly with effect from 1st January 2019.
[3] All the temporary employees shall be paid the arrears towards the difference of salary of past five years within a period of six months from the date of receipt of the writ of this order. Although the daily wagers / temporary employees are entitled to arrears from the period of completion of initial five years, yet with a view to see that the Nagarpalika may not have to face the financial burden, the arrears of past five years shall be paid.
[4] The Director of Municipalities, State of Gujarat is directed to frame a scheme for regularisation of all the daily wagers / temporary employees on the establishment of the Valsad Nagarpalika within a period of three months from the date of receipt of the writ of this order.
[5] All the proposals pending with the Urban Housing and Urban Development Department as well as the Director of Municipalities, State of Gujarat with respect to the Valsad Nagarpalika, more particularly, for enhancement of the present set up having regard to the inclusion of areas situated at the outskirts of the Valsad Town, shall be considered and disposed of in accordance with law within a period of three months from the date of receipt of the writ of this order.
[6] The Valsad Nagarpalika is directed to fill up the balance sixty nine posts on the basis of the old rules Page 2 of 4 Downloaded on : Sun Oct 20 02:13:37 IST 2019 C/LPA/1056/2019 IA ORDER and not the amended rules in view of the decision of the Supreme Court in the case of Narendra Kumar Tiwari (supra). Considering the case of the employees for regularisation in service as per the scheme, that may be framed by the Director of the Municipalities, the set up of rules, which were in force prior to the amended rules, shall be made applicable.
[7] The calculation regarding the benefits of arrears flowing from these directions shall be undertaken within a period of four months from the date of receipt of the writ of this order and actual payment thereof shall be made to all the temporary employees within a period of eight months from today."
4. Both these appeals were heard extensively earlier.
5. Mr. Mitul Shelat, learned counsel appearing for the appellant- Municipality and learned Asst. Government Pleader would contend that in exercise of powers under Article 226 of the Constitution of India, learned Single Judge ought not to have entered into disputed question of fact about length of service, availability of sanctioned posts, nature of work and other expenses to be incurred by Municipality and further compliance about directions in absence of availability of funds. Learned Government Pleader would contend that no direction could have been given to Government authorities to frame the scheme in exercise of power under Article 226 of the Constitution of India.
6. Considering the totality of facts and circumstances, we are inclined to modify direction No. 73 [1], [2] and [3] which shall be applicable to employees who have completed more than 10 years and directions No. [4] and [5] are not disturbed with a direction to Director of Municipality, State of Gujarat and department of Urban Housing and Urban Development to frame the scheme and to take other actions Page 3 of 4 Downloaded on : Sun Oct 20 02:13:37 IST 2019 C/LPA/1056/2019 IA ORDER so stated in sub para [4] and [5] of para 73. Direction No.[6] and [7] barring calculation of sub para [3] shall remain stayed till final disposal of the petition.
4. Stand over to 20.11.2019.
5. The request of learned counsel for the appellants to stay the above order is rejected.
(ANANT S. DAVE, ACJ) (BIREN VAISHNAV, J) NAIR SMITA V. Page 4 of 4 Downloaded on : Sun Oct 20 02:13:37 IST 2019