Gujarat High Court
Dhirubhai Dahabhai Patgir vs State Of Gujarat on 1 August, 2022
Bench: Biren Vaishnav
C/SCA/16171/2019 JUDGMENT DATED: 01/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.16171 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BIREN VAISHNAV
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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DHIRUBHAI DAHABHAI PATGIR
Versus
STATE OF GUJARAT
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Appearance:
MR PRATIK Y JASANI(5325) for the Petitioner(s) No. 1
MR UTKARSH SHARMA, AGP for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 01/08/2022
ORAL JUDGMENT
1. Rule returnable forthwith. Mr. Utkarsh Sharma, learned
Assistant Government Pleader waives service of notice
of Rule for the respondents.
C/SCA/16171/2019 JUDGMENT DATED: 01/08/2022
2. With the consent of the learned advocates for the
respective parties, the petition is taken up for final
hearing today.
3. By way of this petition, under Article 226 of the
Constitution of India, the petitioner has prayed to grant
the benefit of continuity of service from 31.1.1990 to
31.3.2003 and he further prayed that his
representation dated 27.3.2019 be decided.
4. The facts in brief would indicate that the petitioner was
engaged as a Daily Wager with the respondents from
1.2.1982. The petitioner was discontinued from service
in the year 1990 and, therefore he had approached the
Labour Court by filing Reference (L.C.H.) No.131 of
1995. By an award dated 23.11.2000, the Labour
Court, Surendranagar held that the order of
termination from March, 1990 was bad and, therefore,
directed reinstatement with 20% back wages for the
C/SCA/16171/2019 JUDGMENT DATED: 01/08/2022
period from 24.5.1995. The State challenged the award
of the Labour Court by filing Special Civil Application
No.8593 of 2001. By an order dated 18.9.2003, the
award of the Labour Court of 23.11.2000 was set aside.
However, the petitioner was asked to be reinstated in
service and the Labour Court was directed to decide
the issue afresh.
5. Mr. Pratik Jasani, learned counsel for the petitioner
would rely upon the charts produced at Annexture `D'
indicating that right from the year 1982 till the year
2016, except when the petitioner was out of service
during the pendency of the Reference, he had
completed 240 days in each year of service.
6. What appears on record is that by an order dated
31.3.2015, the petitioner was granted the benefits of
Resolution dated 17.10.1988 based on the Resolution
dated 15.9.2014 in light of the decision of the Hon'ble
Supreme Court in the case of State of Gujarat Vs.
C/SCA/16171/2019 JUDGMENT DATED: 01/08/2022
PWD & Forest Employees Union reported in 2019 (15)
SCC 248 by treating the service from 29.10.2010 as
service for the purposes having completed 240 days for
each year. The record and the order indicates that
undisputedly the petitioner had served as a Daily Wager
from 1.2.1982. Based on the tabular form produced by the
learned counsel for the petitioner at Annexture `D'
together with the fact that, but for the Labour Court's
award being set aside and sent back for adjudication, there
was award directing reinstatement.
7. In light of these observations, the case of the petitioner be
considered and his representation dated 27.3.2019
pending before the respondent authorities be decided
within a period of six weeks from the date of receipt of
copy of this order.
8. The petition stands disposed of in above terms. Rule is
made absolute to the aforesaid extent. Direct Service is
permitted. No costs.
(BIREN VAISHNAV, J)
VATSAL S. KOTECHA
