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Parmar Karsanbhai Raghubhai Vs. Ahmedabad Municipal Corporation - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial
CourtGujarat High Court
Decided On
Case NumberSpecial Civil Application Nos. 3041 of 1998, 6405 and 6404 of 2000, 3757, 5019, 9576, 10046, 10246,
Judge
Reported in[2005(106)FLR767]; (2005)2GLR946
AppellantParmar Karsanbhai Raghubhai
RespondentAhmedabad Municipal Corporation
Appellant Advocate R.C. Kakkad,; V.B. Gharaniya,; Shalin N. Mehta,;
Respondent Advocate S.I. Nanavati, Sr. Adv. and; D.G. Shukla, Adv. for Respondent No. 1
Excerpt:
.....the benefits of the said resolution, as stated hereinabove persist, then in that case, the aggrieved party shall be eligible to complain or submit an application the same grievance or dispute in a form of written application to the commissioner of ahmedabad municipal corporation or his/her delegates, within a reasonable period of time, but not later than two months after the receipt of knowledge of the decision of the ahmedabad municipal corporation or its.....a resolution no.447 in its meeting, held, on 13.8.2004, in respect of the regularization of daily wagers, class iv, who have completed 5 years continuous service, came to be approved by the respondent- ahmedabad municipal corporation.(2) that the respondent no.2- ahmedabad municipal corporation authorized the municipal commissioner to take up the exercise and to make permanent to those daily wagers, ( workers-petitioners) whose names appeared in the list of daily wagers submitted to this court, who have completed 5 years and 900 days, and after taking into consideration their seniority.(3) that it was further resolved to extend the said benefits emanated from the said decision and resolution to the daily wagers of class iv of the respondent no.1- municipal corporation, including.....
Judgment:

J.N. Bhatt, J.

1. It is really a heartening and gratifying to notice and record a spirit of culture of compromise integrated and emanated from the parties in this group of petitions and particularly, on the part of the common respondent, the 'Ahmedabad Municipal Corporation', which has, culminated into, not only the settlement of long standing resolution of sensitive disputes of poor and indigent illiterate labour class but has, also, resulted into a fruitful exercise for their bread, as well as, hope for the future. It will, undoubtedly, a step in social justice direction.

2. The learned advocates appearing for the parties in this group of petitions, upon long drawn, inter-se, as well as, in the Court, mediation, negotiation has fruitfully culminated into a common and agreed formula, which is, evidently, reflected in the form of additional affidavit filed on behalf of the respondent No.1Ahmedabad Municipal Corporation by the City Engineer one, Mr. B.R. Sheth. Upon consensus, the said evolved formula by the Corporation is acceptable to the petitioners, through their learned advocates, for whom they are appearing in this group of petitions. The affidavit in reply on behalf of the respondent is filed, which is in the form of additional affidavit, which upon inter-se, as well as, during Court's proceedings mediations and negotiations is articulated and transcribed in it. The said additional affidavit shall form part of it.

3. It is noticed from the said additional affidavit that the deponent has in clear terms stated that he is authorized to file this affidavit on behalf of the respondent No.1 - Ahmedabad Municipal Corporation and in relation to that, all disputes referable to the petitioners claims in this group of petitions, highlighted the said formula and scheme evolved are as follows:

(1) That the Standing Committee of the respondent Corporation upon passing, a resolution NO.447 in its meeting, held, on 13.8.2004, in respect of the regularization of daily wagers, Class IV, who have completed 5 years continuous service, came to be approved by the respondent- Ahmedabad Municipal Corporation.

(2) That the respondent No.2- Ahmedabad Municipal Corporation authorized the Municipal Commissioner to take up the exercise and to make permanent to those daily wagers, ( workers-petitioners) whose names appeared in the list of daily wagers submitted to this Court, who have completed 5 years and 900 days, and after taking into consideration their seniority.

(3) That it was further resolved to extend the said benefits emanated from the said decision and resolution to the daily wagers of Class IV of the respondent No.1- Municipal Corporation, including the daily wagers of Class IV of A.M.T.S., V.S. Hospital and M.J. Library.

4. Pursuant to the resolution referred to hereinabove, the respondent No.1 Corporation has already initiated the process of resolving the questions and disputes by inviting the application from such daily wagers of Class IV upto, 31.8.2004, and that on same line, public advertisement has been, also, given so as to invite the application from the daily wagers of Class IV, who have completed 5 years and 900 days, as on 15.8.2004, and which is stated to have been published in the daily newspaper 'Gujarat Samachar' on 21.8.2004 and that on the basis of the aforesaid resolution and further initiation of exercise, the respondent Corporation has also, issued circular on 21.8.2004 informing all the Departments' Heads to draw the attention about the public advertisement to enable them to take further action in respect of the such applications that may be received pursuant to the said public advertisement.

5. Over and above the application that or which may be received directly by the persons falling in daily wager Class IV labourers and covered by formula. The said time limit in view of the subsequent development, came to be extended to 15.9.2004 with the same object to enable the daily wagers, who have completed 5 years and 900 days as on 15.8.2004 to submit their applications to avail the benefit of this settlement.

6. It is clear from the aforesaid resolution of the respondent no.1 that all the daily wagers, who have completed 5 year and 900 days as on 15.8.2004 shall be made permanent and they shall be entitled for the benefits in terms of the said resolution of the Corporation for absorption on regular establishment.

7. Again, during the course of hearing of this group of petitions, it is stated, at the Bar, by learned senior advocate Mr. Nanavati appearing with learned advocate Mr. Shukla that time frame, as instructed to conclude, the process qua the submission of the applications and its disposal has been fixed and it is further stated at the Bar, under instructions, that the process and exercise for regularization and to pass orders in that behalf, shall be within the period of 4 months from 15.8.2004.

8. It is further stated at the Bar and upon consensus between the learned advocates appearing for the parties that in the event of any dispute, even after the completion of exercise, in terms of affording the benefits of the said resolution, as stated hereinabove persist, then in that case, the aggrieved party shall be eligible to complain or submit an application the same grievance or dispute in a form of written application to the Commissioner of Ahmedabad Municipal Corporation or his/her delegates, within a reasonable period of time, but not later than two months after the receipt of knowledge of the decision of the Ahmedabad Municipal Corporation or its delegates, who shall not be below the rank of Assistant Commissioner.

9. Upon receipt of such a written complaint from the aggrieved person, the Municipal Commissioner or its deputee or delegate appointed, not below the rank of Assistant Commissioner, will take up the matter and consider and determine its merits, as expeditiously as possible, but not later than one month from the date of receipt thereof. It is also stated, upon consensus, that even in a rarest of rare case, where a genuinely aggrieved party, may approach this Court for the request of revival of his/her petition within the period of two months after the decision is rendered by the Municipal Commissioner.

10. Upon consensus and in view of the aforesaid agreed formula and accepted scheme evolved by the Corporation and upon their request and consensus, between the parties, this group of petitions were taken up for recording of the agreed terms and conditions of agreed formula, highlighted, hereinabove, and in presence of all the advocates of parties and resultant disposal of all these petitions and accordingly compromise is recorded and accepted by all of them in open Court and upon further staling that they are authorized by their client for this compromise and settlement. Registry of this Court is directed to take further prompt actions.

In view of the above order, Miscellaneous and Civil Applications also shall stand accordingly disposed of. Rule in each petition is made absolute without costs accordingly in terms of agreed formula, conditions and consensual compromise- settlement.


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