Gujarat High Court
Jikubha Sablubha Gohil vs Deputy Executive Engineer on 31 July, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/LPA/651/2025 ORDER DATED: 31/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 651 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 17718 of 2024
==========================================================
JIKUBHA SABLUBHA GOHIL
Versus
DEPUTY EXECUTIVE ENGINEER & ANR.
==========================================================
Appearance:
MR BJ TRIVEDI(921) for the Appellant(s) No. 1
MS JIGNASA B TRIVEDI(3090) for the Appellant(s) No. 1
MS VAISHNAVI GOVERNMENT PLEADER for the Respondent(s) No. 1,2
==========================================================
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. The order dated 03/01/2025 passed in the captioned writ petition by the learned Single Judge is sought to be assailed in this appeal, whereby the petitions of the appellant - original petitioner 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 ("the ID Act" for short).
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 & Ors vs PWD Employees Union & Ors [AIR ONLINE 2013 SC 591] and therefore, when the petitioner is claiming the benefits under the Page 1 of 2 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 21:53:07 IST 2025 NEUTRAL CITATION C/LPA/651/2025 ORDER DATED: 31/07/2025 undefined Government Resolution dated 17/10/1988, he cannot be relegated for availing the remedy under the ID Act. We have also noticed that in fact the petitioner in his writ petition has relied upon various judgments 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 is already granted the benefits of the Government Resolution dated 17/10/1988 and the only issue which remains to be examined is with regard to the payment of benefits as per the 7th Pay Commission and therefore, she would submit to pass appropriate order.
4. In light of the aforesaid situation, the captioned appeal is 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.
5. Registry shall list the captioned petition before the Bench assigned such roaster.
(A. S. SUPEHIA, J) (R. T. VACHHANI, J) sompura / 56 Page 2 of 2 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 21:53:07 IST 2025