Gujarat High Court
State Of Gujarat vs Pwd And Forest Employees Union on 5 April, 2021
Bench: Bhargav D. Karia
C/LPA/402/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 402 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 16087 of 2018
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/LETTERS PATENT APPEAL NO. 402 of 2021
With
R/CIVIL APPLICATION NO. 319 of 2021
In
LETTERS PATENT APPEAL NO. 402 of 2021
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STATE OF GUJARAT
Versus
PWD AND FOREST EMPLOYEES UNION
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Appearance:
MR DHARMESH DEVNANI, Assistant Government Pleader for the
Appellant(s) No. 1,2,3
for the Respondent(s) No. 2,3,4,5,6,7,8
MR SHALIN MEHTA, SENIOR COUNSEL WITH MS ADITI S RAOL(8128) for
the Respondent(s) No. 1
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
NATH
and
HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 05/04/2021
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)
We have heard Shri Dharmesh Devnani, learned Assistant
Government Pleader for the State-appellant and Shri Shalin
Mehta,learned Senior Advocate assisted by Ms. Aditi Raol for the
private respondents. Considering the avements made in the
application, we find that the delay of 229 days in preferring Letters
C/LPA/402/2021 ORDER
Patent Appeal has been satisfactorily explained. Accordingly, the
delay is condoned. The Civil Application for delay stands disposed
of.
The large number of such similar matters have already been
decided by the learned Single Judge and affirmed by the Division
Bench. A reference may be add to order dated 25.09.2020 passed in
Letters Patent Appeal No. 613 of 2020, order dated 12.10.2020
passed in Letters Patent Appeal No. 734 of 2020 and order dated
03.03.2021 passed in Letters Patent Appeal No. 329 of 2021. The
only issue addressed by Ms. Pathak is to the effect that although the
learned Single Judge dealt with the judgement in the case of PWD
and Forest Employees' Union [Civil Appeal No. 1684-1686 of
2019] as also the judgement of the Supreme Court in the case of
Workmen of American Express International Banking Corporation
vs. Management of American Express International Banking
Corporation [(1985) 4 SCC 71] as well as Surendranagar District
Panchayat vs. Umarkhan Alikhan Malek in Letters Patent Appeal
No. 2047 of 2004 but at the same time, while issuing the directions it
only mentioned that the competent authority shall take into account
the law laid down in the Workmen of American Express
International Banking Corporation (supra) as well as Surendranagar
District Panchayat (supra). She thus submits that even the judgement
in case of PWD and Forest Employees' Union (supra) be taken into
consideration by the Competent authority. It is only to this extent
that the modification has been sought. There is no denying the fact
that the learned Single Judge has dealt with all the above judgments
C/LPA/402/2021 ORDER
however, in the operative portion in para 6, the reference to the
judgement in case of PWD and Forest Employees' Union and ors
(supra) has been left out. Thus, without interfering with the
judgement of the learned Single Judge, we dispose of this appeal
with a limited modification that the authority while complying with
the directions contained in para 6 will also take into consideration
the judgement in case of PWD and Forest Employees' Union and ors
(supra). Civil Application for stay also stands disposed of.
(VIKRAM NATH, CJ)
(BHARGAV D. KARIA, J)
RAGHUNATH R NAIR
