Gujarat High Court
State Of Gujarat vs Harendrabhai Kanjibhai Jethwa on 28 August, 2023
Bench: Devan M. Desai
NEUTRAL CITATION
C/LPA/1162/2023 ORDER DATED: 28/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1162 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 2930 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In R/LETTERS PATENT APPEAL NO. 1162 of 2023
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STATE OF GUJARAT
Versus
HARENDRABHAI KANJIBHAI JETHWA
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Appearance:
MR MANAN MEHTA, AGP for the Appellant(s) No. 1,2
for the Respondent(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
33,34,35,36,37,38,39,4,5,6,7,8,9
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 28/08/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Heard learned Assistant Government Pleader Mr.Manan
Mehta for the appellant.
2. Learned single Judge by its judgment and order dated
2.8.2022 impugned in the Letters Patent Appeal directed the
respondents to extend the benefits of Resolution dated
17.10.1988 to the petitioners, allowing the prayers in the
petition.
3. The petitioners, thirty-nine in numbers prayed before the
writ court to direct the respondents to extend the benefits of the
State Government Resolution dated 17.10.1988 and to grant
them the regular pay scale and the regular benefits as available
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C/LPA/1162/2023 ORDER DATED: 28/08/2023
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to Class III and Class IV categories.
3.1 The Resolution dated 17.10.1988 is a policy decision on
part of the State Government whereby it is provided to extend
the benefits of regular pay scale and permanency to the daily
rated workmen on the basis of their completion of continuous
service of requisite number of years to earn such benefits.
3.2 The premise on which the petitioners prayed for grant of
the benefits flowing from the State Resolution was the judgment
and award of the labour court. The petitioners workmen
invoking the jurisdiction of the labour court prayed to set aside
their orders of termination. The judgment and order of the
labour court came to be delivered in favor of the petitioners-
workmen to grant them the benefits of reinstatement with
continuity of service.
3.3 It is not in dispute that the said judgment and order of
labour court came to be challenged by the State in group of
Special Civil Application No.19183 of 2016 before learned single
Judge. By common order dated 23.1.2018 passed in the cognate
petitions, the judgment and award of labour court came to be
confirmed, the benefit of continuity for the workmen was
maintained even as the award was modified in respect of
backwages by learned single Judge. Once the continuity benefit
granted by the labour court to the petitioners attained finality, it
would leave no room of doubt in law that all the benefits which
may emanate from the status of continuity of service for the
appellants would be available to them. As noted earlier the
benefits which are available under the Resolution dated
17.10.1988 is based on the concept of continuity and the length
NEUTRAL CITATION
C/LPA/1162/2023 ORDER DATED: 28/08/2023
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of services rendered by the daily rated workmen.
3.4 As the continuity benefits stands confirmed in law for the
petitioners, their services, from the date of initial appointment
till reinstatement will be liable to be reckoned as continuous.
The authorities cannot take a stand contrary to it once the
continuity benefits granted by the labour court was confirmed
and said benefit holds the field for the workmen.
3.5 In the above view, learned single Judge granted the benefit
to allow the petitions. Learned single Judge did refer to the
aforementioned decisions in Special Civil Application No.19183
of 2016 and allied petitions while considering the claim of the
petitioners for the benefit of the Resolution dated 17.10.1988.
4. Learned Assistant Government Pleader was fair to state
and submit that this court has decided Letters Patent Appeal
No.1150 of 2023 on 24.8.2023 dealing with the case involving
similar set of facts and identical issue. In any of the matter, from
no standpoint, learned single Judge could be said to have
committed any error.
5. The challenge in the Letters Patent Appeal is meritless.
The appeal is dismissed.
In view of dismissal of the appeal, the Civil Application for
stay will not survive. It is accordingly, disposed of.
(N.V.ANJARIA, J)
(D. M. DESAI,J)
Manshi
