Gujarat High Court
Kana Bhima Lagaria vs Gujarat Water Supply And Sewerage ... on 1 February, 2022
Bench: Biren Vaishnav
C/SCA/10308/2019 ORDER DATED: 01/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10308 of 2019
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 10308 of 2019
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KANA BHIMA LAGARIA
Versus
GUJARAT WATER SUPPLY AND SEWERAGE BOARD
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Appearance:
MR UT MISHRA(3605) for the Petitioner(s) No. 1
MR. MUKESH T MISHRA(5900) for the Petitioner(s) No. 1
MR KH BAXI(150) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 01/02/2022
ORAL ORDER
1 Heard Mr.M.T.Mishra, learned advocate for the petitioner
and Mr.K.H.Baxi learned advocate appearing for the
respondent - Board.
2 Under challenge in this petition is the award of the
Industrial Tribunal dated 03.03.2018, by which, the benefits of
the Resolution dated 17.10.1988 have been granted to the
petitioners notionally and no arrears have been paid.
3 Mr.Mishra, learned advocate, would submit that the issue
was initially decided by this Court in Special Civil Application
No. 1563 of 92 and allied matters by a decision of this Court
C/SCA/10308/2019 ORDER DATED: 01/02/2022
dated 31.01.2013, against which an LPA was filed by the Board
and the Board was unsuccessful. The matter went up to the
Hon'ble Supreme Court. He referred to the order of the
Supreme Court dated 14.11.2014 and 14.08.2015 passed in
SLP (C) Nos. 29108-29114 of 2014 rendered in the case of
Gujarat Water Supply And Sewerage Board And Ors vs.
PWD Employees Union And Ors., which respectively reads
as under:
"Issue notice returnable within six weeks. We direct that
while payment of arrears in terms of the impugned
judgement shall remain stayed, benefits held admissible
in terms of the said judgment may be released in favour
of the respondents for the future.
Mr.Abhishek Vinod Deshmukh, Adv. Has entered
appearnce on behalf of the respondent in SLP (C) No.
29108 of 2014. Notice shall now issue to the remaining
respondents only."
"Service in SLP (C) No.29114 of 2014 is incomplete.
Unserved respondents may be served dasti.
Mr.L.N.Rao, learned senior counsel for the
petitioiner - Board submits that the Board has taken a
decision in principle that even such of the employees as
were appointed on daily wage basis after the year 1994
shall be entitled to the benefits of Government Order
dated 17.10.1988. He submits that in the light of the said
decision, benefits admissible to such employees shall be
released for the future in terms of the order of this Court
within a period of six weeks. That submission is recorded.
Post the SLPs for hearing on a non-miscellaneous
day."
4 Accordingly, it is agreed between the parties that the
order of the award of the Industrial Tribunal dated 03.03.2018
be modified and the petitioners be granted the benefit of the
C/SCA/10308/2019 ORDER DATED: 01/02/2022
Resolution dated 17.10.1988 in accordance with the order of
the Hon'ble Supreme Court dated 14.08.2015. In other words,
the petitioner shall be extitled to the benefit of Government
Resolution dated 17.10.1988. Benefits shall be released with
effect from 14.11.2014 in similar terms to the co-employees of
the petitioners who were paid such benefits vide office order
dated 04.04.2019 annexed to the civil application.
Order of the Industrial Tribunal, Jamnagar, in Ref (IT) No.
302 of 2012 is modified accordingly. Compliance be done
within a period of eight weeks from the date of receipt of copy
of this order. This petition is partly allowed, accordingly.
In view of the order passed in the main petition, civil
application (for direction) does not survive and stands disposed
of, accordingly.
(BIREN VAISHNAV, J)
Bimal
