State Of Gujarat vs Kutchh Jilla Mazdoor Vikas Manch

     C/SCA/17600/2018                               ORDER DATED: 20/02/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 17600 of 2018

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                    STATE OF GUJARAT & 1 other(s)
                              Versus
            KUTCHH JILLA MAZDOOR VIKAS MANCH & 1 other(s)
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Appearance:
MR ADITYASINH JADEJA AGP for the Petitioner(s) No. 1,2
MR SHIVANG M SHAH(5916) for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                              Date : 20/02/2023

                               ORAL ORDER

1. The present Special Civil Application is filed praying for the following reliefs :-

"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 judgment and award dated 21.04.2017 passed by the Labour Court, Bhuj, passed in Reference (L.C.D.) No.09 of 2010.

C. Pending, admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to stay the effect and operation of impugned order dated 21.04.2017 passed by the Learned Labour Court, Bhuj

- Kutchh, passed in Reference (L.C.D.) No.09 of 2010.

D. Grant such other and further relief/s as may be deemed just and proper in the circumstances of the case."

2. It is submitted by learned advocate Mr. Shivang Shah appearing on behalf of respondent No.1 that by order dated 02.02.2023 passed in Special Civil Application No.17100 of 2022, Page 1 of 3 Downloaded on : Wed Feb 22 20:43:07 IST 2023 C/SCA/17600/2018 ORDER DATED: 20/02/2023 this Court has dismissed the Special Civil Application challenging award and order dated 21.04.2017 passed by the learned Labour Court in Reference (L.C.D.) No.6 of 2010. He further submits that Reference(L.C.D.) No.09 of 2010 was also decided by the same learned Labour Court on the same day on the identical issue. He therefore submits that in view of aforementioned order passed by the Coordinate Bench of this Court, the present Special Civil Application should be dismissed.

3. Learned AGP Mr. Adityasinh Jadeja appearing on behalf of the petitioners fairly accepts that the impugned award and the award impugned in Special Civil Application No.17100 of 2022 were passed on the same day by the same learned Labour Court and involve the same issue. He has not disputed the fact that this Court in Special Civil Application No.5319 of 2019 has also taken the same view that Government Resolution dated 17.10.1988 is applicable even to the employees of the Forest Department.

4. This Court, by order dated 02.02.2023 passed in Special Civil Application No.17100 of 2022, has observed as follows:-

"5. Having heard learned advocate for the parties and having perused the documents on record, the only contention raised before this Court to challenge the award of the Labour Court is the direction issued by the Labour Court to grant the benefit to the members of the respondent-union of the Government resolution dated 17.10.1988 which according to the government is applicable in case of the Department other than the Forest Department.

6. At this stage, it would be pertinent to observe that this Court has taken very issue raised by the State Government in Special Civil Application No.5319 of 2019 and has held as under:-

C/SCA/17600/2018 ORDER DATED: 20/02/2023 "5. The Supreme Court had an occasion to consider the applicability of Resolution dated 17th October, 1988 read with Resolution dated 15th September, 2014 in respect of Forest Department daily-rated employees. The decision culminated into State of Gujarat v. PWD and Forest Employees' Union being Civil Appeal Nos.1684-1686 of 2019. It was stated that the State Government has constituted a committee as per Resolution dated 02nd March, 2019. Thereafter one more Resolution dated 21st June, 2019 was issued by the Forest Department for extending the benefits to the daily-rated workmen of the Forest Department and other attendant Resolutions has interpreted and directed to be implemented by the Apex Court in its aforementioned decisions."

The said order came to be confirmed in the Letters Patent Appeal No.93 of 2021 vide order dated 18.01.2021 and also by the Apex Court in Special Leave to Appeal (C) No.13048 of 2021.

8. In view of clear-cut interpretation now given for applicability of Government Resolution dated 17.10.1988 even to the employees of the Forest Department, no case is made for any interference with the award of the Labour Court. Hence, the present petition stands dismissed."

5. In view of aforesaid submissions made by learned advocates for the parties and the orders passed by this Court in Special Civil Application No.5319 of 2019 as well as Special Civil Application No.17100 of 2022, the impugned judgment and award is upheld. No interference is called for. The present Special Civil Application is dismissed. No order as to costs.

(ANIRUDDHA P. MAYEE, J.) cmk Page 3 of 3 Downloaded on : Wed Feb 22 20:43:07 IST 2023