C/MCA/1467/2022 ORDER DATED: 08/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 1467 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 1449 of 2022
With
R/MISC. CIVIL APPLICATION NO. 1468 of 2022
In
SPECIAL CIVIL APPLICATION NO. 1455 of 2022
With
R/MISC. CIVIL APPLICATION NO. 1469 of 2022
In
SPECIAL CIVIL APPLICATION NO. 1448 of 2022
With
R/MISC. CIVIL APPLICATION NO. 1476 of 2022
In
SPECIAL CIVIL APPLICATION NO. 1450 of 2022
With
R/MISC. CIVIL APPLICATION NO. 1477 of 2022
In
SPECIAL CIVIL APPLICATION NO. 1447 of 2022
With
R/MISC. CIVIL APPLICATION NO. 1478 of 2022
In
SPECIAL CIVIL APPLICATION NO. 1452 of 2022
With
R/MISC. CIVIL APPLICATION NO. 1479 of 2022
In
SPECIAL CIVIL APPLICATION NO. 1454 of 2022
With
R/MISC. CIVIL APPLICATION NO. 1480 of 2022
In
SPECIAL CIVIL APPLICATION NO. 1446 of 2022
With
R/MISC. CIVIL APPLICATION NO. 1481 of 2022
In
SPECIAL CIVIL APPLICATION NO. 1443 of 2022
With
R/MISC. CIVIL APPLICATION NO. 1482 of 2022
In
SPECIAL CIVIL APPLICATION NO. 1457 of 2022
==========================================================
BHALABHAI GAMIRBHAI KHANT
Versus
Y. K. BHURIA, DEPUTY EXECUTIVE ENGINEER
==========================================================
Page 1 of 3
Downloaded on : Mon Feb 13 20:49:59 IST 2023
C/MCA/1467/2022 ORDER DATED: 08/02/2023
Appearance:
MR HB SINGH(2073) for the Applicant(s) No. 1
MR MANAN MEHTA, AGP with
MR RAJ TANNA, AGP with
MS SHRUTI DHRUVE, AGP for the respondent - State
==========================================================
CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 08/02/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) All the captioned Miscellaneous Civil Applications filed under the provisions of Contempt of Courts Act, 1971 arose in respect of non-compliance of the directions of the learned single judge in common judgment and order dated 05.08.2022 passed in Special Civil Application No. 1443 of 2022 and 10 other cognate petitions.
2. The directions issued by the learned single judge to be complied with are as under;
"Accordingly, as held by this Court in the judgment of Chhatrasing Marutising Bariya vs. Dy. Executive Engineer & Ors., the petitions are allowed. Under the circumstances, the impugned award passed by the Labour Court is erroneous to the extent of granting compensation. The respondents are directed to reinstate the workmen in service with continuity of service. However, it is clarified that they will not be entitled to any back wages as they have given up their claims. After their reinstatement, it will be open for the petitioners - workmen to file a representation claiming the benefits of Government Resolution dated 17.10.1988. The Page 2 of 3 Downloaded on : Mon Feb 13 20:49:59 IST 2023 C/MCA/1467/2022 ORDER DATED: 08/02/2023 order reinstating the petitioner workmen shall be passed within a period of three months from the date of receipt of this order. The amount of compensation, if already paid to the workmen, the same shall be adjusted while fixing their pay."
3. Today when the proceedings came up for consideration, learned Assistant Government Pleader Mr. Manan Mehta produced copy of office order dated 07.02.2023 to submit that all the applicants have been reinstated in service with continuity of service. The directions have been accordingly complied with.
4. Copy of the order dated 07.02.2023 is given to learned advocate Mr. U. T. Mishra who accepts the order.
5. In view of above, proceedings of all the Miscellaneous Civil Applications are accordingly closed. All are disposed of. Notices in each applications are discharged.
(N.V.ANJARIA, J) (NIRAL R. MEHTA,J) SHRIJIT PILLAI Page 3 of 3 Downloaded on : Mon Feb 13 20:49:59 IST 2023