Gujarat High Court
Devuben Mangabhai @ Shantuben W/O ... vs Deputy Executive Engineer on 14 August, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/LPA/664/2025 ORDER DATED: 14/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 664 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 27409 of 2007
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DEVUBEN MANGABHAI @ SHANTUBEN W/O HARIBHAI MAKWANA &
ANR.
Versus
DEPUTY EXECUTIVE ENGINEER & ORS.
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Appearance:
AAKASH D MODI(7449) for the Appellant(s) No. 1,2
DELETED for the Respondent(s) No. 2,3
MS SEJAL K MANDAVIA(436) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 14/08/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. While issuing notice on 13.06.2025, we had already clarified that the compensation of Rs. 25,000/- (Rupees Twenty-Five Thousand) to the present appellants - Workmen, as directed by the learned Single Judge, is a very meager amount, looking at the service tenure of the Workmen.
2. It is noticed by us that in the Award, the Labour Court, Surendranagar has categorically recorded that the present appellants viz. Devuben Mangabhai W/o. Haribhai Makwana and Kaluben Jehabhai Solanki had worked for more than 6 years. Accordingly, the Labour Court, vide Award dated 08.05.2007, had set aside the termination of the present appellants - Workmen, as they were terminated in violation of provisions of Section 25F and 25G of the Industrial Disputes Act, 1947. The Labour Court, Surendranagar directed the respondents to reinstate the present appellants - Workmen on the original post without backwages.
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3. By the judgment and order dated 07.07.2017, the learned Single Judge modified the Award and granted compensation of Rs. 25,000/-. The learned Single Judge in the writ petition filed by the respondents, challenging the Award, has categorically in paragraph no. 18 held that the original claimants i.e. the present appellants - Workmen have completed 6 years of service before their services came to be terminated. It is also not pointed out, as to whether during the intervening period i.e. during the pendency of the writ petition, the respondents have paid wages under the provisions of Section 17(B) of the Industrial Disputes Act, 1947 or not.
4. Thus, the issue only pertains to enhancement of compensation. Both the appellants have reached the age of superannuation i.e. appellant no. 1 is 60 years of age and appellant no. 2 is 70 years of age. Hence, looking at the fact they were appointed as daily wagers and have worked for more than 6 years, in our considered opinion, the appropriate compensation would be an amount of Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand), including the amount of Rs. 25,000/-.
5. Hence, the present respondents are directed to pay an amount of Rs. 2,50,000/- to each of the appellants within a period of 6 weeks from the date of receipt of Writ of this order. The present appeal stands disposed of.
Sd/- .
(A. S. SUPEHIA, J)
Sd/- .
(R. T. VACHHANI, J)
MVP/64
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