C/SCA/11019/2018 ORDER DATED: 16/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11019 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 2041 of 2021
==========================================================
STATE OF GUJARAT
Versus
UDESING CHHAGANBHAI BARIYA & 1 other(s)
==========================================================
Appearance:
MR.ADITYA JADEJA, AGP for the Petitioner(s) No. 1
MR PARESH J BRAHMBHATT(9788) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 16/02/2023
ORAL ORDER
1. The present Special Civil Application No.11019 of 2018 is filed praying for the following relief:
"A. This Hon'ble Court may be pleased to admit this Special Civil Application. B. This Hon'ble court may be pleased to quash and set aside the impugned order dated 04.09.2017 passed by the Labour Court, Godhara, passed in Reference (T) No.89 of 2005.
C. Pending admission, hearing and final disposal of this petition, this Hon'ble court may be pleased to stay the effect and operation impugned order dated 04.09.2017 Page 1 of 5 Downloaded on : Tue Feb 21 20:36:55 IST 2023 C/SCA/11019/2018 ORDER DATED: 16/02/2023 passed by the Labour Court, Godhara, passed in Reference (T) No.89 of 2005. D. Grant such other and further relief/s as may be deemed just and proper in the circumstances of the case."
2. The factual matrix of the present matters is as follows:
2.1 The respondent-workman joined services of the petitioner on 01.08.1996 as a Chokidar on monthly pay of Rs.1,200/-. It is the case of the respondent-workman that on 18.09.2002 his services came to be orally terminated by the petitioner without giving any notice or notice pay or retrenchment compensation. Aggrieved the petitioner preferred Reference (T) No.89/2005 in the learned Labour Court. By the impugned award dated 04.09.2017, the learned Labour Court was pleased to hold that the termination of the respondent-workman was illegal. The learned Labour Court further directed reinstatement with continuity of service and no back-wages. The said award is impugned in the present special civil application.
3. Learned counsel for the respondent- workman Mr.Paresh J. Brahmbhatt submitted that Page 2 of 5 Downloaded on : Tue Feb 21 20:36:55 IST 2023 C/SCA/11019/2018 ORDER DATED: 16/02/2023 the petitioner had terminated the services of many such similarly situated employees on the post of Chokidar by oral order dated 18.09.2002. All these similar situated employees approached the learned Labour Court by way of various References. He further submits that the learned Labour Court in all these individual cases has ordered reinstatement in service without any back-wages with continuity of service. He submits that the judgment and award in those cases were challenged by the petitioner in Special Civil Application No.2767 of 2018 and other connected matters. He further submits that by the judgment and order dated 05.11.2020, the Co-ordinate Bench of this Court has dismissed the said special civil applications and upheld the award passed in those References of the similarly situated employees. He further submits that the common judgment and order dated 05.11.2020 passed by the learned Single Judge of this Court was impugned in Letters Patent Appeal No.1557 of 2022 with connected appeals. By the order dated 14.12.2022, the learned Division Bench has also dismissed all Letters Patent Appeals and upheld the judgment and order passed by the learned Single Judge. He submits that the petitioner is also similarly situated and was working as daily-wager Chokidar Page 3 of 5 Downloaded on : Tue Feb 21 20:36:55 IST 2023 C/SCA/11019/2018 ORDER DATED: 16/02/2023 like respondent-workman in the aforementioned petitions / appeals. He, therefore, submits that the present case is squarely covered by the above mentioned judgment and order passed by the learned Single Judge as well as the Division Bench.
4. Mr.Adityasinh Jadeja, learned AGP appearing in the matter for the petitioner has fairly stated that the respondent-workman in the present case was also working with those employees whose cases came to be decided in the aforementioned matters. He further submits that the respondent-workman herein is also similarly placed and was orally terminated on the same day as the respondent-workmen in those cases. He has fairly stated that in view of the judgment passed by learned Single Judge and the learned Division Bench mentioned above, the present case of the petitioner would be squarely covered by the said judgments.
5. In view of the aforesaid observations, accordingly, the impugned judgment and order is upheld and the present special civil applications are dismissed and disposed of in terms of the reasons and findings of the order dated Page 4 of 5 Downloaded on : Tue Feb 21 20:36:55 IST 2023 C/SCA/11019/2018 ORDER DATED: 16/02/2023 14.10.2022 passed by the learned Division Bench in Letters Patent Appeal No.1557 of 2022 and other allied appeals. No order as to costs. Rule is discharged.
(ANIRUDDHA P. MAYEE, J.) NABILA Page 5 of 5 Downloaded on : Tue Feb 21 20:36:55 IST 2023