Gujarat High Court
Narshibhai Meghabhai Jadav vs The Secretar, Bank Employees Consumers ... on 3 April, 2025
NEUTRAL CITATION
C/SCA/14474/2024 JUDGMENT DATED: 03/04/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14474 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
==========================================================
Approved for Reporting Yes No
No
==========================================================
NARSHIBHAI MEGHABHAI JADAV
Versus
THE SECRETAR, BANK EMPLOYEES CONSUMERS AND CREDIT CO-
OPERATIVE SOCIETY LTD.
==========================================================
Appearance:
MS. ALKA B VANIYA(6945) for the Petitioner(s) No. 1
==========================================================
CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 03/04/2025
ORAL JUDGMENT
1. This petition is filed under Article 226 and 227 of the Constitution of India challenging the award passed by the learned reference court in Reference IT No.28 of 2018 whereby, learned labour court, Bhavnagar, vide order dated 06.07.2024 has rejected the reference of the petitioner claiming the benefits of regularization.
2. It is the case of the present petitioner that the petitioner was working with the respondent, since 07.10.1983 and his services were terminated in the year 1990 for which Page 1 of 4 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Fri Apr 04 2025 Downloaded on : Mon Apr 07 22:04:27 IST 2025 NEUTRAL CITATION C/SCA/14474/2024 JUDGMENT DATED: 03/04/2025 undefined dispute came to be raised before the learned labour court which was registered as Reference IT No.441 of 1990. The said reference was awarded in favour of the present petitioner on 02.12.2009 and directions were issued to the respondent to grant the relief of reinstatement with 20% back wages. The respondent has paid wages by way of cheque to the petitioner on 26.03.2012 and 20.06.2011, which was accepted without any protest and thereafter, petitioner had retired on 31.05.2015. After retirement, the reference came to be filed before the Industrial tribunal, Bhavnagar being Reference IT No.28 of 2018, requesting the learned tribunal to issue directions to regularize the service of the petitioner. Learned tribunal, after considering the submissions and the evidence, rejected the reference, which is subject matter of challenge before this Court.
3. Heard learned advocate Ms.Vaniya for the petitioner. 3.1. Learned advocate Ms.Vaniya submits that before he retired, various representations were made to the respondent-Authority to regularize the service, however, respondent-Authority did not pay any heed. It is submitted by the learned advocate Ms.Vaniya that on Page 2 of 4 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Fri Apr 04 2025 Downloaded on : Mon Apr 07 22:04:27 IST 2025 NEUTRAL CITATION C/SCA/14474/2024 JUDGMENT DATED: 03/04/2025 undefined non receiving of any reply from the respondent, the reference came to be filed before the learned reference court in the year 2018. it is submitted by the learned advocate Ms.Vaniya that even if after the reference, when the petitioner has completed 240 days service with the respondent-Authority, he would be entitled for the benefits of regularization and by not granting the same, learned reference court has committed error, therefore, the impugned judgment deserves to be interfered with and the petition is required to be allowed.
4. Having considered the arguments advanced by the learned advocate for the petitioner and referring to the reasons assigned by the learned labour court as well as the record and proceedings, it is undisputed fact that the reference which was filed challenging the order of termination was awarded in favour of the petitioner wherein, the learned labour court has directed to pay 20% back wages with relief of reinstatement. Admittedly, no continuity of service was granted, neither any consequential benefits were awarded. The said award was passed by the learned labour court on 21.12.2009 and the respondent-Authority had paid the Page 3 of 4 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Fri Apr 04 2025 Downloaded on : Mon Apr 07 22:04:27 IST 2025 NEUTRAL CITATION C/SCA/14474/2024 JUDGMENT DATED: 03/04/2025 undefined amount towards 20% back wages to the petitioner by way of cheque on 26.03.2012 as well as 20.06.2011. After getting retired on 31.05.2015, the instant reference was filed claiming the benefits of regularization in the year 2018.
4.1. This Court is of the view that when no evidence is adduced regarding, following the recruitment process, in absence of the relief of continuity of service and as the petitioner was working as a Daily Wager, no directions to regularize the service, where the appointment directing to regularize the services can be issued, more particularly, when the petitioner has attained the age of superannuation on the date when the reference was filed.
5. In view of the same, this Court did not find any infirmity in the impugned judgment, hence this petition deserves to be dismissed.
6. Resultantly this petition is dismissed.
(M. K. THAKKER,J) NIVYA A. NAIR Page 4 of 4 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Fri Apr 04 2025 Downloaded on : Mon Apr 07 22:04:27 IST 2025