C/SCA/8427/2018 JUDGMENT DATED: 05/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 8427 of 2018 With CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2026 In R/SPECIAL CIVIL APPLICATION NO. 8427 of 2018 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/- ========================================================== Approved for Reporting Yes No No ========================================================== NAGAR PRATHMIK SIKSHAN SAMITI Versus MAJOOR MAHAJAN SANGH & ORS. ========================================================== Appearance: MR PREMAL S RACHH(3297) for the Petitioner(s) No. 1 MR AK CLERK(235) for the Respondent(s) No. 1 MR HS MUNSHAW(495) for the Respondent(s) No. 2 RULE SERVED for the Respondent(s) No. 3 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 05/03/2026 JUDGMENT 1. The present petition is led by the petitioner – Nagar Prathmik Sikshan Samiti (hereinafter referred to as “NPSS”) under Articles 14, 16, 226 and 227 of the Constitution of India r/w the provisions of Industrial Disputes Act, 1947 (hereinafter referred to as "I.D. Act") challenging the judgment and order dated 31.01.2018 p. 2 C/SCA/8427/2018 JUDGMENT DATED: 05/03/2026 passed by the learned Presiding O5icer, Industrial Tribunal, Jamnagar, in Reference (I.T.) Case No. 263 of 2012, whereby the learned Tribunal has partly allowed the reference and directed that 25 out of 27 workmen be paid wages in the pay scale of Rs. 2550–3200, along with other admissible benets, from the date of ling of the reference, in accordance with the seniority list and their respective dates of appointment. The learned Tribunal has further recorded that employee at Serial No. 1, Mr. Pradeep C. Bhupatani, had tendered his resignation and therefore no order was required to be passed in his case, and that employee at Serial No. 25, Mr. Parag M. Bhadra, was no longer in service and had already left the job, and therefore no order was required to be passed in his case. 2. The petitioner has preferred present petition against the above mentioned impugned judgment and order and prayed inter alia that:- "8(A) YOUR LORDSHIPS be pleased to issue appropriate writ, order or direction quashing and setting aside the impugned award dtd. 31.01.2018 passed by the Ld. Presiding O+icer, Industrial Tribunal, Jamnagar in Reference (I.T.) Case No. 263 of 2012, as being illegal, arbitrary, unreasonable, against the provisions of law and against the settled legal principles; (B) YOUR LORDSHIPS be pleased to stay the implementation, operation and execution of the impugned award dtd. 31.01.2018 passed by the Ld. Presiding O+icer, Industrial Tribunal, Jamnagar in Reference (I.T.) Case No. 263 of 2012, pending the admission, hearing and 6nal disposal of this petition; p. 3 C/SCA/8427/2018 JUDGMENT DATED: 05/03/2026 (D) YOUR LORDSHIPS be pleased to grant such other and further reliefs as the Hon'ble Court may deem 6t in the facts and circumstances of the case; 3. Today, Mr. Munshaw, learned counsel for the respondent has produced on record the copy of letter dated 03.03.2026 received by him from Municipal Corporation, Jamnagar and submitted that in view of the said letter present petition may be disposed of. The relevant part of the said letter reads as under:- "Respected sir, We have 6lled civil application 01 / 2026(for 6xing early date of hearing) in the matter SCA no.8427 of 2018 before the Hon'ble High Court of Gujarat. We would like to inform you that: 1) Jamnagar Municipal Corporation(JMC) agreed to pay 40% settlement amount to the a+ected employees part time pattawala of Nagar Prathmik Shikshan Samiti, Jamnagar in three instalment on or before Dt:31/03/2026 from JMC fund as we have executed agreement u/s 2(p) of the I.D.act-1947 with the Majoor Mahajan Sangh, Jamnagar (Union of A+ected Employees)on Dt.11/11/2025 for reducing its 6nancial liablities @100%. There is no 6nancial liablitiy of Nagar Prathmik Shikshan Samiti, Jamnagar but they have to manage the administrative functions as these employees are working with them. 2) The due process was adopted by way of resolution Dt.24/12/2024 passed by Nagar Prathmik Shikshan Samiti, Jamnagar and there after JMC standing committee resolution Dt.08/01/2025 & JMC General Board resolution Dt.12/03/2025. 3) The above 6nancial liabilities comes on Jamnagar Municipal Corporation as Nagar Prathmik Shikshan Samiti has no setup of such employees therefore Nagar Prathmik Shikshan Samiti is giving request for fund p. 4 C/SCA/8427/2018 JUDGMENT DATED: 05/03/2026 every 6nancial year of their wages and other allowances: Jamnagar Municipal Corporation is bearing 100% amount for payment like salary, allowances, gratuity, leave encashment, etc. to the regular full time employees and 6x wages to the part time employees who are not included in the approved setup of Nagar Prathmik Shikshan Smiti, hence whatever payment will be made by Nagar Prathmik Shikshan Smiti, will be beared by JMC. You are kindly requested to take up with Hon'ble High Court and obtain suitable order so that JMC can arrange to pay the said amount as per the JMC General board Resolution No.118,Dt: 12/03/2025." 4. From the said letter, it appears that so far as the nancial liability is concerned, the same shall be complied with by the Municipal Corporation, Jamnagar, and the Municipal Corporation has agreed to pay the same. 5. In this regard, it is also relevant to note that during pendency of the present petition, the Municipal Corporation, Jamnagar has entered into settlement with all 25 employees and by way of From No.16 Rules 62, the settlement agreement dated 11.11.2025 was executed by and between the Municipal Corporation, Jamnagar and the present respondents through their General Secretary, Majoor Mahajan Sangh and all the 25 employees have signed that settlement agreement dated 11.11.2025. 6. For that the Municipal Corporation, Jamnagar has led Civil Application No.1 of 2026 in Special Civil Application No.8427 of 2018 and the copy of the settlement agreement is appended along with the Civil p. 5 C/SCA/8427/2018 JUDGMENT DATED: 05/03/2026 Application. The said settlement agreement dated 11.11.2025 annexed in the Civil Application No.1 of 2026 is in vernacular language and therefore the same is translated into english and reproduced as under :- "-:: FORM NO. 16 RULES - 62 ::- "As per Section 2(p) and 18(1) of the Industrial Disputes Act, 1947" SETTLEMENT AGREEMENT Party No. 1: Mr.Dineshchandra N. Modi, - I.A.S. - Commissioner, Jamnagar Municipal Corporation, Jubilee Garden, Jamnagar. Party No.2: Mr.Pankaj R. Joshi, General Secretary, Majur Mahajan Sangh, 210, A-One Complex, Second Floor, K.V. Road, Jamnagar. The case was pending regarding the part-time Peons working in Nagar Prathmik Shikshan Samiti (UrbanPrimary Education Committee) managed by the Jamnagar Municipal Corporation, who are members of the Majur Mahajan Sangh, Jamnagar before the Industrial Court, Jamnagar, vide Ref. I.T. 263/2012 (Old No. 41/2010). The aforementioned parties, including the Administrative O+icer of the Nagar Prathmik Shikshan Samiti, were involved as parties to this dispute. The 6nal disposal of this dispute was adjudicated on 31/01/2018 in favor of the Majur Mahajan Sangh, Jamnagar. Against this, the Nagar Prathmik Shikshan Samiti, Jamnagar, 6led an appeal before the Honourable High Court of Gujarat vide S.C.A. No. 8427/2018 (Main) along with other linked cases, in which Majur Mahajan Sangh, Jamnagar Municipal Corporation, etc., have been joined as parties. This matter is currently pending before the Honourable High Court of Gujarat. The a+ected employees, whose list is provided in Annexure-1 (Employees at Sr. Nos. 1 to 19 have 6led recovery applications; employees at Sr. Nos. 20, 21, and 22, and the legal heirs of employees at Sr. Nos. 23 to 25, were parties in the main case), are mentioned therein. Party No. 2 p. 6 C/SCA/8427/2018 JUDGMENT DATED: 05/03/2026 has presented their defence in the said appeals before the Honorable High Court, and the next date is 11/12/2025. Since no stay order was granted by the Honourable High Court in the above-mentioned main appeal, out of the members of Party No. 2, Majur Mahajan Sangh, as listed in Annexure-1, 19 employees had 6led recovery applications under Section 33(C)(2) before the Labour Court, Jamnagar, vide Recovery Application No. 44/2022 to 64/2022. The judgment in these cases was also delivered in favor of the a+ected employees. Against which, the Nagar Prathmik Shikshan Samiti 6led an appeal before the Honourable High Court, which is currently pending. Meanwhile, Party No. 2, Majur Mahajan Sangh, 6led recovery applications through revenue channels under Section 33(C)(1) vide Nos. 25/2024 to 43/2024. These applications were conditionally withdrawn by the a+ected employees as part of a settlement during the Lok Adalat held on 14/12/2024. The Nagar Prathmik Shikshan Samiti also 6led appeals before the Honourable High Court under di+erent case numbers against these revenue recovery applications. However, as no decision was reached over a long period, the said a+ected employees 6led Miscellaneous Application No. 04/2025 to 22/2025 before the Learned Labour Court to restart these recovery applications. An order to restart the proceedings was passed on 23/09/2025. At present, to recover the amount as per the said order through revenue channels, the a+ected workers have 6led recovery applications under Section 33-C-1 vide Nos. 25/2024 to 43/2024, which are presently pending for hearing before the Learned Labour Court, Jamnagar, on 20/11/2025. Thus, against the order dated 31/01/2018 passed by the Industrial Court, Jamnagar, in Case No. Ref. I.T. No. 263/2012 (Old No. 41/2010), the Nagar Prathmik Shikshan Samiti has 6led an appeal before the Honorable High Court, which is currently pending. Under such circumstances, Party No. 2, vide letter dated 23/10/2024, proposed a settlement formula to bring an amicable end to the dispute. In this regard, following discussions and negotiations between both parties, the Nagar Prathmik Shikshan Samiti passed Resolution No. 56 on 24/12/2024. Furthermore, the Nagar Prathmik Shikshan Samiti requested Party No. 1 to submit the proposal regarding the resolution passed by them to the Standing Committee and General Board of the Jamnagar Municipal Corporation. Upon submission of said proposal by Party No. 1, necessary approvals were obtained via Standing Committee Resolution No. 890 dated 08/01/2025 and General p. 7 C/SCA/8427/2018 JUDGMENT DATED: 05/03/2026 Board Resolution No. 118 dated 12/03/2025. Administrative approval has also been granted by Party No. 1. Consequently, an amicable settlement has now been reached subject to the following conditions, which shall be binding on both parties. -:: TERMS OF SETTLEMENT ::- 1. In this matter, the part-time Peons of the Nagar Prathmik Shikshan Samiti 6led Case No. Ref. I.T. No. 263/2012 (Old No. 41/2010) before the Industrial Court, Jamnagar, in which orders were passed in favor of the a+ected employees as per Annexure-1, which are required to be complied with. Accordingly, as per the prevailing / Government rules and the order passed in favor of the employees listed in Annexure-1, the pay scale of Rs.2550-3200 from the date of appointment as per the Seniority List, along with other applicable bene6ts, shall be paid. However, since the employees listed in Annexure-1 were part-time and had received appointment orders only as part-time Peons, a settlement formula is to be adopted between both parties. As per the order, 40% of the arrears amount of the applicable pay scale from the original date of joining until 31/12/2024 is to be paid. From 01/01/2025, the salary and pension existing as of that date under the Salary, Pension, and G.C.S.R. (Gujarat Civil Services Rules) applicable to Party No. 1 and the Nagar Prathmik Shikshan Samiti shall be binding on all settling parties. Regarding receiving the bene6ts of future services, therequired G.P.F. (General Provident Fund) contribution amount shall be deducted from the eligible arrears. In this regard, the employees listed in Annexure-1 shall be required to submit a separate Notarized Undertaking vide Annexure-2 to Party No. 1 regarding the receipt of salary and pension as per the said rules. These undertakings shall be forwarded to the Nagar Prathmik Shikshan Samiti. 2. Party No.2 in this case, Majur Mahajan Sangh, Jamnagar, by its members and the part-time peons of the Nagar Prathamik Shikshan Samiti managed by the Administrative O+icer under the subordination of Party- 1, who are listed as per the Schedule-1 herewith, according to their seniority list are ready to accept 40% of the amount as a full and 6nal settlement out of p. 8 C/SCA/8427/2018 JUDGMENT DATED: 05/03/2026 whatever amount of arrears is to be paid with pay, dearness allowance, medical allowance, house rent allowance, city allowance, vehicle allowance, and other allowances as per the applicable salary commission for the period from the date of appointment to 31/12/2024 according to the formula, as per the order of the Hon'ble Industrial Tribunal dated 31/01/2018, and all the a+ected employees accept it. Further, the First Party agrees to pay the arrears of full pay and ancillary bene6ts according to the prevailing pay from 01/01/2025 to the a+ected member employees of Party- 2, and along with this, the present settlement is made on the condition of giving the grade pay and all other ancillary bene6ts from the date of appointment. We, Party No.2 Majur Mahajan Sangh and the sta+ as per the list in Schedule-1, have made the present settlement giving assurance that we will not make any demand or 6le any claim regarding this matter in the future. 3. The First Party-1 of this case agrees that, they will pay the amount payable to the a+ected employees shown in the list as per Schedule-1 in three installments or by 31/03/2026. Wherein the 6rst installment will be of 50% amount of the total arrears as per the settlement formula, which shall be paid by 31/12/2025, and the remaining two installments will be of 25%-25% amount, which shall be paid by 31/03/2026. 4. Party-2 in this case, Majur Mahajan Sangh, submitted an application to hear again the recovery applications which are presented under section 33(c)(1) of the I.D. Act - 1947 by the a+ected employees and withdrawn by a letter in the Lok Adalat held on 14/12/2024 as a part of this settlement. Since the order in the same was passed in favour of Party No.2 on 23/09/2025, the applications for recovery through revenue have been 6led by them before the Hon'ble Labour Court, Jamnagar, which are currently pending. Upon reaching this settlement, the said applications as well as any other related cases shall have to be withdrawn. 5. Party-2 in this case through their letter dated 04/10/2025, and the a+ected employees also give such consent / assurance / acceptance that, after the payment of 40% amount of arrears by Party No.2, no dispute remains regarding this matter and they will not p. 9 C/SCA/8427/2018 JUDGMENT DATED: 05/03/2026 raise or cause to be raised any dispute regarding this matter in the future. 6. Whatever cases have been 6led before the Hon'ble High Court of Gujarat against the orders of the Industrial Court, Jamnagar and Labour Court, Jamnagar regarding this dispute by Party No.1 in this case and Nagar Prathamik Shikshan Samiti and the a+ected employees as per Schedule-1 of Party No.2, shall have to be withdrawn upon this settlement, which is accepted by both the parties. 7. Both the parties in this case conciliate and assure that, in the Appeal Application No.C.A.8427/2018 (Main) and other related cases 6led by the Nagar Prathamik Shikshan Samiti before the Hon'ble High Court of Gujarat against the order dated 31/01/2018 of the Industrial Court, Jamnagar in Case No. Ref.I.T. No. 263/2012 (Old No.41/2010), this settlement shall have to be produced on the next hearing date of 11/12/2025 or prior to it and an order shall have to be obtained accordingly. 8. This settlement shall come into e+ect immediately upon issuance of the order by the Hon'ble High Court of Gujarat, which is agreed upon by both the parties. Thus, since the settlement is reached to the aforesaid conditions, no transaction of any kind of amount remains between the parties in the present circumstances. However, if any para is given regarding this during the audit, then it shall be binding upon both the parties. The parties herein have executed this settlement agreement voluntarily in good faith and in a sound disposing state of mind, having fully understood the terms thereof. After reading, reading over and understanding the same, signatures have been put in it in the presence of a Witness, which shall be binding upon both the parties. This settlement agreement is executed upon 05 (6ve) purchased e-stamps of Rs.300/- dated 11/11/2025 bearing No. PF0024012488 to PF0024012492 in a total of 5 copies including the original. Page 9 of 19 C/SCA/8427/2018 JUDGMENT DATED: 05/03/2026 Place : Jamnagar Date : 11/11/2025 Party – 1 Sd/- (Illegible) Mr. Dineshchandra N. Modi, IAS, Commissioner Sd/- (Illegible) Mr. Devendrasinh A. Zala Deputy Commissioner Mr. Bhavesh N. Jani, City Engineer, I/C Assi, Commissioner, (Adm) Jamnagar Municipal Corporation, Jamnagar Party – 2 Sd/- (Illegible) Mr. Pankaj R. Joshi, General Secretary, Majur Mahajan Sangh General Secretary, Majur Mahajan Sangh Jamnagar Witness Sd/- (Illegible) Mr. Harshad M. Patel Witness Sd/- (Illegible) Mr. Kirtibhai R. Joshi Encls: Schedule 1 and 2." 7. On the said subject, the respondents have constrained by the agreement that since the petitioner, who has led this petition, has not signed the said agreement and therefore, to satisfy their anxiety, the Municipal Corporation, Jamnagar has written a communication to Mr. Munshaw, learned counsel for the petitioner, dated 03.03.2026 and prayed to disposed of the petition. 8. Mr. Clerk, learned counsel appearing for the respondents, has expressed an apprehension and submitted that the present petition has been preferred by the petitioner – NPSS, which has not signed the settlement agreement. Page 10 of 19 C/SCA/8427/2018 JUDGMENT DATED: 05/03/2026 9. Heard learned counsels appearing for both the sides. 10. Considering the facts and circumstances of the case and in view of the fact that an amicable settlement has been arrived at by and between the parties, it is hereby directed that, so far as the nancial burden/liability is concerned, the same shall be complied with by the Municipal Corporation, Jamnagar, as mentioned in the communication. So far as the administrative compliance is concerned, the same shall be taken care of by the NPSS, Jamnagar, after consultation with the State Government. 11. The concerned respondent, represented through the Secretary of the Union, Majoor Mahajan Sangh, Jamnagar, is present before this Court and this order is passed in his presence. 12. Mr. Rachh, learned counsel appearing for the petitioner, subsequently appeared and submitted that the petitioner is not in agreement with the settlement and has not signed the settlement produced by the respondent – Municipal Corporation, Jamnagar. 12.1 At the outset, the opponent no.1 herein (Nagar Prathmik Sikshan Samiti) denies each and every averment made in the memo of application except to the extent the same is specically admitted by the answering p. 12 C/SCA/8427/2018 JUDGMENT DATED: 05/03/2026 opponent no.1. 12.2 It is submitted that for providing education to children in the areas of Jamnagar city, about 47 primary schools are functioning. The administration and management of these municipal schools, is undertaken by Nagar Prathmik Shikshan Samiti, Jamnagar, as per the prevailing rules and procedures. For payment of salaries of academic sta5/employees of these schools, 80% grant is provided by the Government of Gujarat and 20% contribution is borne by the Jamnagar Municipal Corporation (JMC). However, 100% nancial responsibility of the x wages of part-time peons engaged in these schools is borne entirely by Jamnagar Municipal Corporation. That the Nagar Prathmik Shikshan Samiti has been entrusted with the responsibility of managing government primary schools situated within the municipal limits. That the appointments of the concerned part-time employees (peons) were done without following due procedure of law, in absence of any such sanctioned post in the set up and therefore the question of giving benets of pay scale in absence of availability of sanctioned post in the set up does not arise at all. 12.3 It is submitted that earlier the ori.respondent no.1- Majoor Mahajan Sangh had led Reference I.T. No.749/1984 against Jamnagar Municipal Corporation. The principal demands raised by the union before the p. 13 C/SCA/8427/2018 JUDGMENT DATED: 05/03/2026 Industrial Tribunal were as under: (1) To treat part-time peons working in primary schools as permanent employees and be given salary as recommended by Desai Pay Commission. (2) To grant them wages and benets equivalent to permanent employees since the inception. (3) To grant part-time peons working in primary schools monthly increment of Rs.50/- as recommended by 3rd Pay Commission from 01.08.1983. After considering the submissions of both the sides and material on record, Ld. Industrial Tribunal, Rajkot rejected the aforesaid reference vide order dtd.06.07.1987 and the said fact is evident from the evidence of witness of Jamnagar Municipal Corporation at Ex.51 as recorded in paragraph no.21 in the impugned order dtd.31.01.2018 passed by the Presiding O5icer, Industrial Tribunal, Jamnagar in Reference (I.T) Case No. 263 of 2012 (Old Case No. 41/2010). Considering the observations in the earlier decision of the Industrial Tribunal, Rajkot dtd.06.07.1987 it is submitted that such demands and reliefs as sought by the Majoor Mahajan Sangh do not fall within the scope and jurisdiction of Industrial Tribunal. It is also evident that demands raised and reliefs sought in the Reference (I.T) Case No. 263 of 2012 (Old Case No. 41/2010) are same as that sought in Reference I.T. No.749/1984 and therefore, the later reference ought not to have been entertained also applying the principles of res-judicata, however, ignoring the earlier order dtd.06.07.1987 of p. 14 C/SCA/8427/2018 JUDGMENT DATED: 05/03/2026 Industrial Tribunal, Rajkot, impugned order dtd. 31.01.2018 came to be passed, which is bad in law and therefore, the same is challenged in the above writ petition by opponent no.1 herein. 12.4 It is submitted that if demands and reliefs as sought by the concerned part-time employees of Primary Schools of Jamnagar are granted it will have far reaching e5ect across the State and the concerned employees are well aware that they are appointed on part-time basis and thus, they do not have any legal or moral right to raise such claims, as is evident from the observations made in earlier order of Industrial Tribunal, Rajkot in the year 1987. 12.5 It is also submitted that settlement arrived at between Jamnagar Municipal Corporation and Majoor Mahajan Sangh is not acceptable to the ori. petitioner (Nagar Prathmik Sikshan Samiti) in view of following grounds:- a. There is no sanctioned post of Peon-Class IV in the set up in Government Primary Schools. b. In view of above narrated facts, the original settlement agreement sent between Jamnagar Municipal Corporation and Majoor Mahajan Sangh, which was sent for signature of opponent no.1 herein, was sent back without signing on it by p. 15 C/SCA/8427/2018 JUDGMENT DATED: 05/03/2026 opponent no.1 herein vide letter dtd.08.07.2025 addressed to the Assitant Commissioner, Jamnagar Municipal Corporation. c. Further, no opinion of opponent no.1 was sought by the ori.respondents in respect of terms and conditions nos.1 to 8 of notarized settlement agreement arrived at inter-se between them. d. Though concerned part-time employees have been paid their legal dues in form of x salaries for actual work done by them all these years, putting them and paying them 40% of pay scale as agreed in the settlement agreement and that too from the date of their appointment till 31.12.2024 is unwarranted and a huge burden on public exchequer. e. It is submitted that the issue raised in the reference involves a policy decision which falls within the jurisdiction of the Government and competent authorities. If such demands are accepted, it will create a heavy nancial burden on the local authority. f. As per General Board Resolution No.118 dtd.12.03.2025 of Jamnagar Municipal Corporation, point no.6 specically states that all these primary schools must strictly follow all the guidelines, rules p. 16 C/SCA/8427/2018 JUDGMENT DATED: 05/03/2026 and regulations, circulars of Education Department of the State and in violation thereof if any appointment, promotion or expenses are made then in the event of any future nancial liability arising therefrom, it will be considered as personal liability of o5icer approving such appointment, promotion and will be recovered from him. Therefore, being a signing authority, administrative o5icer of opponent no.1, is against accepting any such settlement agreement. g. The appointments of the concerned employees are done without following due procedure of law, in absence of any such sanctioned post in the set up and therefore though mentioned in condition no.1 of Settlement Agreement, the question of giving benets of pay scale as per GCSR in absence of availability of sanctioned post in the set up does not arise at all h. As per the objection in the Audit by District Assistant Inspector, Local Funds Accounts, Jamnagar, it is observed that while examining accounts for the year 2011-12, expenses made towards appointment-salary expenses to the class- IV-Peons whose set up is not sanctioned either by the State Government or by the Municipal Corporation, cannot be accepted. Further, vide letter p. 17 C/SCA/8427/2018 JUDGMENT DATED: 05/03/2026 dtd.04.05.2019, District Assistant Inspector, Local Funds Accounts, Jamnagar conveyed that pension case papers of employees who are not appointed following prescribed legal procedure may not be sent for inspection and a copy of this communication was also sent to JMC. Therefore also, settlement agreement is not acceptable to opponent no.1 herein. i. It is submitted that when pension papers of Class IV employees were sent for inspection to JMC, it was communicated by JMC vide letter dtd.28.01.2026 to opponent no.1 that service of these employees is taken by opponent no.1 so pension papers were sent back. On one hand JMC enters into settlement with the concerned employees and on other hand sends back their pension papers without carrying out necessary procedure to the opponent no.1. j. In reference application of Majoor Mahajan Sangh, JMC had led its reply and specically raised contention relying upon earlier order of Industrial Tribunal, Rajkot that concerned employees are not entitled to any reliefs as their claims are contrary to law and against the facts on record. However, taking a contrary stand, now JMC has entered into Settlement Agreement on terms and conditions p. 18 C/SCA/8427/2018 JUDGMENT DATED: 05/03/2026 which are contradictory to its earlier stand. Therefore also, settlement agreement between ori.respondents (JMC and Majoor Mahajan Sangh) is not legally tenable and not acceptable to the opponent no.1 herein. 13. However, looking to the overall facts and circumstances of the case and in view of the letter dated 03.03.2026 tendered by Mr. Munshaw, learned counsel for the Corporation, and since the Corporation is shouldering the responsibility to pay all the dues of the concerned workmen, as mentioned in the said letter and as reHected in the settlement agreement, the objection raised by Mr. Rachh, learned counsel for the petitioner, is not tenable. 14. It is observed that in case of any di5iculty with regard to any administrative action, the authority may consult the State Government and take an appropriate decision. Liberty is reserved to revive the proceedings in case any di5iculty arises. 15. In view of the above, the present petition is disposed of. Rule is made absolute to the aforesaid extent. The terms and conditions mentioned in the settlement agreement shall form part and parcel of the present order and the parties shall abide by the said terms and conditions. Page 18 of 19 C/SCA/8427/2018 JUDGMENT DATED: 05/03/2026 16. Pending civil application/s, if any, shall stand disposed of accordingly. Interim relief, if any, granted earlier stands vacated forthwith. Sd/- (HEMANT M. PRACHCHHAK,J) SURESH SOLANKI