State Of Gujarat Through The ... vs Ajitsinh Takhtsinh ...
2022 Latest Caselaw 9181 Guj

      C/SCA/1266/2010                             ORDER DATED: 17/10/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
              R/SPECIAL CIVIL APPLICATION NO. 1266 of 2010
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STATE OF GUJARAT THROUGH THE EXECUTIVE ENGINEER & 1 other(s)
                           Versus
            AJITSINH TAKHTSINH GOHIL(DECEASED)
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Appearance:
MS. SURBHI BHATI, AGP, for the Petitioner(s) No. 1,2
for the Respondent(s) No. 1.1,1.2
DECEASED LITIGANT for the Respondent(s) No. 1
UNSERVED EXPIRED (N) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                            Date : 17/10/2022
                             ORAL ORDER

[1] This petition is filed by the State against the award of the

Labour Court, Bhavnagar in Reference (LCB) No.268 of 1992 dated

02.06.2009. By the aforesaid award, it was held that the step of the

Government to terminate his service as illegal and therefore,

ordered reinstatement with 15% back-wages. When the notice was

issued, the respondent has appeared however, pending the petition,

the respondent workman has expired and by a separate order in

Civil Application No.1 of 2022 in Special Civil Application No.1266 of

2010, filed by the State Government, legal heirs were brought on

record.

[2] Learned Assistant Government Pleader has brought to the

notice of this Court, a communication addressed by the legal heir of

the respodent-workman to the Executive Engineer, Road and

Building City Department Bhavnagar, dated 01.08.2022, wherein

C/SCA/1266/2010 ORDER DATED: 17/10/2022

the legal heirs Shri Harshrajsinh Ajitsinh Gohil has stated as under :-

" I am applicant herein Pertaining to above State Subject matters respectfully Say that....

"Above Captioned (Subjected) Matter SCA No.1266/2010 filed by State of Gujarat through your Department. In that matter my father Ajitsinh Takhatsinh Gohil is Respondent. I say that during pendency of this matter my father (Respondent) has pass away on 19.09.2018.

I hereby declare that being a legal Heir/legal Representative of Respondent I do not want to continue the further proceedings of the above stated Subject matters. Therefore, I am requesting to withdraw above Subjected mattes.

I further clarified that in view of the above State fact and circumstances after withdrawal of above matters in future I will not claim any right, befit nor taken any legal action against your Authority pertaining to above subjected all matters and In award and judgment passed by the learned Labour Court, Bhavnagar in Ref. (LCB) No.268/89, dated 02/06/2009.

So, Kindly accept the Same and Consider my humble request."

[3] The aforesaid being the stand of the respondent workman, it

is declared that the impugned award dated 02.06.2009 in Reference

(LCB) No.268 of 1992 by the Labour Court, Bhavnagar is declared

to be ineffective.

[4] With the aforesaid, the petition stands allowed to the

aforesaid extent.

(A.Y. KOGJE, J) SIDDHARTH