Bhagabhai Bhurabhai Damor vs State Of Gujarat
2022 Latest Caselaw 7817 Guj

    C/SCA/13316/2019                                  JUDGMENT DATED: 12/09/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 13316 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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                       BHAGABHAI BHURABHAI DAMOR
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR P C CHAUDHARI(5770) for the Petitioner(s) No. 1
MR. UTKARSH SHARMA, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2
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    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                                Date : 12/09/2022

                            ORAL JUDGMENT

1 Rule returnable forthwith. Mr.Utkarsh Sharma,

learned Assistant Government Pleader, waives service of

C/SCA/13316/2019 JUDGMENT DATED: 12/09/2022

notice of rule on behalf of the State respondents.

2 Heard Mr.P.C.Chaudhari, learned advocate for the

petitioner and Mr.Utkarsh Sharma, learned AGP, for the

respondents - State.

3 The case of the petitioner is that the petitioner was

working with the respondent Forest Department since

01.10.1992 as a Watchman on a monthly salary of

Rs.1,210/-. It was his case that with effect from

22.08.1997, his services were put to an end. On the

action of his services being terminated, the petitioner

approached the Labour Court, Godhra, by filing

Reference (L.C.G) No. 624 of 1998. The Labour Court, by

an award of 01.05.2015 directed the respondents to

reinstate the petitioner without backwages.

3.1 On a challenge to the award by the State in Special

Civil Application No. 2367 of 2016, this Court, on

08.12.2012 dismissed the petition.

C/SCA/13316/2019 JUDGMENT DATED: 12/09/2022

4 Mr.P.C.Chaudhari, learned advocate for the

petitioner, relying on the decision of the Hon'ble Supreme

Court in the case of Gurpreet Singh Vs. State of

Punjab & Haryana, reported in (2002) 9 SCC 492 and

the decision in the case of Nandkishore Shrava Ahirrao

vs. Kosan Industries (P) Ltd., reported in AIR 2020

SC 1776, has submitted that despite no specific

reference to the word "Continuity in Service", the same

has to be read into the award of the Labour Court.

5 Mr.Sharma, learned Assistant Government Pleader,

would submit that irrespective of the award of the Labour

Court, the State will have to consider the case of the

petitioner in light of the decision of the Hon'ble Supreme

Court in the case of State of Gujarat vs. P.W.D &

Forest Employees Union, reported in 2019 (15) SCC

248.

6 Having considered the submissions made by the

learned counsels for the respective parties, and

particularly looking to the fact that the petitioner was

C/SCA/13316/2019 JUDGMENT DATED: 12/09/2022

reinstated in service, keeping in light the decision of the

Hon'ble Supreme Court in Gurpreet Singh (supra) and

Nandkishore (supra), continuity has to be read into the

award of the Labour Court. The challenge to the award

before this Court also failed.

In light of this, the respondents are directed to

consider the case of the petitioner for the benefit of the

Government Resolution dated 17.10.1988 in light of

State of Gujarat vs. P.W.D & Forest Employees

Union (supra) within a period of eight weeks from the

date of receipt of copy of this order. The petition is

allowed, accordingly. Rule is made absolute to the above

extent.

(BIREN VAISHNAV, J) BIMAL