Gujarat High Court
Dilipbhai Mangabhai Chauhan vs Commissioner , Mahanagarpalika on 5 August, 2025
NEUTRAL CITATION
C/SCA/10769/2025 JUDGMENT DATED: 05/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10769 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
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DILIPBHAI MANGABHAI CHAUHAN
Versus
COMMISSIONER , MAHANAGARPALIKA
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Appearance:
AVANIKA M PANCHAL(8467) for the Petitioner(s) No. 1
MR SANDIP M PATEL(5649) for the Petitioner(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 05/08/2025
ORAL JUDGMENT
1. The present petition is filed under Articles 226 and 227 of the Constitution of India, challenging the award dated 23.02.2022 passed by the learned Industrial Tribunal, Bhavnagar in Reference (IT) No. 52 of 2005, whereby the learned Tribunal has rejected the reference seeking the relief of compassionate appointment.
2. It was the case of the present petitioner before the Page 1 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 22:58:25 IST 2025 NEUTRAL CITATION C/SCA/10769/2025 JUDGMENT DATED: 05/08/2025 undefined learned Labour Court that the petitioner's mother was appointed to the post of Sweeper (engaged in solid waste collection) on probation with effect from 19.10.1991 and was subsequently regularized in service with effect from 01.04.1994. Unfortunately, she passed away on 29.04.1994. The petitioner attained the age of majority on 29.09.2000 and thereafter applied for compassionate appointment on 07.03.2002. However, the competent Authority rejected the said application by order dated 05.11.2003. The said order was challenged by the petitioner in the year 2005 before the learned Industrial Tribunal. After considering the evidence on record, particularly the applicable rules governing compassionate appointment, the learned Tribunal was pleased to reject the reference. The said award is the subject matter of challenge before this Court.
3. Heard learned advocate Mr.Sandip M. Patel for the petitioner.
4. Learned advocate Mr. Patel, appearing on behalf of the petitioner, submits that the learned Tribunal has rejected the reference primarily on the ground that the petitioner's mother had not completed five years of Page 2 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 22:58:25 IST 2025 NEUTRAL CITATION C/SCA/10769/2025 JUDGMENT DATED: 05/08/2025 undefined service at the time of her demise. Learned advocate Mr.Patel submits that if the initial date of appointment of the petitioner's mother i.e. 19.10.1991 is taken into consideration, she was on the verge of completing five years of service. Learned advocate Mr.Patel submits that at the relevant time, the petitioner was a minor, and therefore, he could not have made an application for compassionate appointment within the prescribed period. However, on attaining the age of majority the application was made which was rejected by the Authority. Learned advocate Mr.Patel submits that no cogent reasons were assigned by the learned Tribunal while rejecting the reference and therefore, impugned award deserves to be interfered with and the petition deserves to be allowed.
5. Having considered the submissions advanced by the learned advocate and upon perusal of the reasoning recorded by the learned Tribunal, it emerges that the petitioner's mother was appointed on probation with the respondent-employer on 19.10.1991 and was regularized on 01.04.1994. She unfortunately passed away shortly thereafter on 29.04.1994. The petitioner Page 3 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 22:58:25 IST 2025 NEUTRAL CITATION C/SCA/10769/2025 JUDGMENT DATED: 05/08/2025 undefined submitted an application for compassionate appointment on 07.03.2002. Learned Court has referred the rules for compassionate appointment, more particularly Rule 6, wherein, it provides that the time limit for filing the application is one year and in the case where the dependents are minor then on attaining the age of majority within one year the application has to be made. It was further noted that Rule 13 provides that compassionate appointment can be considered only if the deceased employee had completed a minimum of five years of service. In the present case, both these conditions were not satisfied. Firstly, the petitioner attained the age of majority on 29.09.2000 but filed the application after nearly two years, on 07.03.2002. Secondly, although the mother of the petitioner was initially appointed on 19.10.1991 and regularized from 01.04.1994, she passed away on 29.04.1994, before completing the requisite five years of service. Furthermore, the evidence led by the petitioner indicates that, at the time of cross-examination, he was approximately 25 years of age. It also emerged that the petitioner's father was employed with the Bhavnagar Page 4 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 22:58:25 IST 2025 NEUTRAL CITATION C/SCA/10769/2025 JUDGMENT DATED: 05/08/2025 undefined Mahanagarpalika and was alive at the time of the petitioner's mother's demise. It was further revealed that the petitioner was aged around 20 to 22 years at the time of making the said application.
6. Considering the cross-examination as well as the relevant rules governing compassionate appointment, the learned Tribunal has rightly dismissed the reference. This Court does not find any infirmity or perversity in the reasoning adopted by the learned Tribunal while rejecting the claim. Accordingly, the petition, being devoid of merits, deserves to be dismissed.
7. Resultantly, this petition is dismissed.
(M. K. THAKKER,J) NIVYA A. NAIR Page 5 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 22:58:25 IST 2025