State Of Gujarat vs Hirabhai Nanabhai Bhoi
2021 Latest Caselaw 15860 Guj

       C/LPA/367/2021                               ORDER DATED: 07/10/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/LETTERS PATENT APPEAL NO. 367 of 2021
             In R/SPECIAL CIVIL APPLICATION NO. 9159 of 2020
                                   With
                CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
               In R/LETTERS PATENT APPEAL NO. 367 of 2021
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                            STATE OF GUJARAT
                                  Versus
                         HIRABHAI NANABHAI BHOI
==========================================================
Appearance:
MR. MANAN MEHTA, ASSISTANT GOVERNMENT PLEADER(1) for the
Appellant(s) No. 1,2,3
MR DIPAK R DAVE(1232) for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE DR. JUSTICE A. P. THAKER

                              Date : 07/10/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned Assistant Government Pleader Mr. Manan Mehta for the appellant State and its authorities as well as learned advocate Mr. Dipak Dave for the respondent.

2. This Letters Patent Appeal under clause 15 of the Letters Patent, is directed against order dated 26.2.2021 passed by learned single Judge in Special Civil Application No. 9159 of 2020, whereby the original petitioner - the respondent herein was held entitled to the benefits flowing from the Resolution dated 17.10.1988. All consequential benefits were ordered to be granted including the pension etc..

3. In the original Special Civil Application, the prayer was to grant

C/LPA/367/2021 ORDER DATED: 07/10/2021

benefits based on the Resolution dated 17.10.1988. The case of the petitioner was that he came to be appointed as peon under the respondent No.2 Deputy Director of Lands Records on 11.11.1992 and that he rendered continuous service thereafter. The factum of continuous service of the respondent workman could be gathered from the earlier events and the orders passed by the labour court and this court.

3.1 It appears that the workman had invoked the jurisdiction of Labour Court by filling Reference (LCV) No. 684 of 1993 seeking reinstatement with back wages since the services of the petitioner came to be terminated with effect from 15.9.1993. The said Reference proceedings culminated into judgment and award dated 21.7.1997 whereby the reinstatement was directed for the workman, though without back wages but with grant of continuity of service. Special Civil Application No. 3500 of 1998 filed by the State seeking to challenge the said judgment and award, came to be dismissed by learned single Judge.

3.2 Not only that, the petitioner workman had an occasion to file substantive petition being Special Civil Application No. 12448 of 2012 wherein the benefits flowing from Resolution dated 17.10.1988 were claimed stating that depsite the above orders of the labour court and confirmed by this court, the benefits were not extended to. The said petition came to be disposed of by directing the respondents to examine the case of the petitioner in light of the directions and the law discussed in the order.

4. The competent authority again rejected the claim of the workman to get the benefit under the Resolution dated 17.10.1988. Special Civil Application No. 9159 of 2020 culminating into the impugned order, was filed.

C/LPA/367/2021 ORDER DATED: 07/10/2021

5. Learned single Judge relied on the decision of the State of Gujarat vs. PWD & Forest Employees Union and Ors. [ 2019 (3) Scale 642] and on the basis of the law laid down therein, hold the petitioner workman to be entitled to the benefits flowing from the Resolution dated 17.10.1988. While learned single Judge has correctly appreciated the facts and applied the law laid down by the supreme court in PWD & Forest Employees Union (supra), even otherwise from the record, from the earlier orders of the labour court allowing the Reference and subsequent orders passed by this court in writ petitions, factum of original petitioner having completed requisite length of continuous service of 10 years could be fortified entitling the petitioner workman to get the benefits under the Resolution dated 17.10.1988.

6. We do not find any error in the impugned order of the learned single Judge. No interference is called for. The Letters Patent Appeal is summarily dismissed.

7. The authorities are directed to ensure that the benefits flowing from the order of the learned single Judge would be made available to the respondent workman within eight weeks from today.

Order in Civil Application for stay

In view of the order passed in the Letters Patent Appeal, no orders are required to be passed in the Civil Application. Accordingly, it stands disposed of.

(N.V.ANJARIA, J)

(DR. A. P. THAKER, J) C.M. JOSHI