State Of Gujarat vs Pwd And Forest Employees Union
2021 Latest Caselaw 5038 Guj

         C/LPA/401/2021                                          ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/LETTERS PATENT APPEAL NO. 401 of 2021
                                 In
           R/SPECIAL CIVIL APPLICATION NO. 4862 of 2019
                               With
           CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
           In R/LETTERS PATENT APPEAL NO. 401 of 2021
                               With
                R/CIVIL APPLICATION NO. 340 of 2021
                                In
             LETTERS PATENT APPEAL NO. 401 of 2021
================================================================
                        STATE OF GUJARAT
                              Versus
                 PWD AND FOREST EMPLOYEES UNION
================================================================
Appearance:
MR DHARMESH DEVNANI, AGP or the Appellant(s) No. 1,2,3
for the Respondent(s) No. 1,2,3,4,5,6
================================================================

 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 Mr.Dharmesh Devnani, learned Assistant Government Pleader for the State­appellants and Ms.Aditi Raol, learned counsel for the private respondents. Considering the avements made in the application, we find that the delay of 234 days in preferring Letters Patent Appeal has been satisfactorily explained. Accordingly, the delay is condoned. The Civil Application stands disposed of.

           C/LPA/401/2021                                                       ORDER



    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 Mr.Devnani 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. 1684­1686 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). He 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 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

C/LPA/401/2021 ORDER

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) PALAK