Gujarat High Court
Ratubha Jilubha Gohil vs Deputy Executive Engineer, Shetrunji ... on 31 July, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/LPA/648/2025 ORDER DATED: 31/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 648 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 69 of 2025
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RATUBHA JILUBHA GOHIL
Versus
DEPUTY EXECUTIVE ENGINEER, SHETRUNJI LEFT BANK MAIN CANAL
SUB DIVISION & ANR.
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Appearance:
MR BJ TRIVEDI(921) for the Appellant(s) No. 1
MS JIGNASA B TRIVEDI(3090) for the Appellant(s) No. 1
MS VAISHNAVI VERMA AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 31/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. Order dated 07/01/2025 passed in the captioned writ petitions by the learned Single Judge is sought to be assailed in this appeal, whereby the petitions of the appellants - original petitioners claiming benefits arising out of the Government Resolution dated 17/10/1988 came to be dismissed on the ground of availing remedy before the appropriate forum under the Industrial Disputes Act, 1947.
2. Having heard the learned advocates appearing for the respective parties and examined the order passed by the learned Single Judge, it appears that the law on the aspect of grant of benefits arising out of the Government Resolution dated 17/10/1988 is no more res integra in view of the decision of the Supreme Court in the case of State Of Gujarat & Page 1 of 2 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 21:52:59 IST 2025 NEUTRAL CITATION C/LPA/648/2025 ORDER DATED: 31/07/2025 undefined Ors vs Pwd Employees Union & Ors [AIR ONLINE 2013 SC 591] and therefore, when the petitioners are claiming benefits under the Government Resolution dated 17/10/1988, cannot be relegated for availing the remedy under the ID Act. We have also noticed that in fact the petitioners in their writ petitions have relied upon the various judgment of this Court; including the Division Bench and the Supreme Court for grant of benefits arising out of the Government Resolution dated 17/10/1988.
3. Learned AGP Ms.Verma for the respondent - State has submitted that in fact the appellants are already granted the benefits of the Government Resolution dated 17/10/1988 and only issue which remains to be examined is with regard to the payment of benefits as per the 7 th Pay Commission and therefore, she would submit to pass appropriate order.
4. In light of the aforesaid situation, the captioned appeals are allowed. The impugned order passed in the captioned writ petitions by the learned Single Judge is quashed and set aside and the matter is remanded to the learned Single Judge for a fresh hearing. Registry shall list the captioned petitions before the Bench assigned such roaster.
(A. S. SUPEHIA, J) (R. T. VACHHANI, J) sompura / 53 Page 2 of 2 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 21:52:59 IST 2025