Gujarat High Court
Botad Nagarpalika vs Hanshaben B Desani on 6 December, 2023
Author: N.V.Anjaria
Bench: N.V.Anjaria
NEUTRAL CITATION
C/LPA/1314/2023 ORDER DATED: 06/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1314 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 8334 of 2012
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
In R/LETTERS PATENT APPEAL NO. 1314 of 2023
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BOTAD NAGARPALIKA
Versus
HANSHABEN B DESANI
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Appearance:
HARSHESH R KAKKAD(7813) for the Appellant(s) No. 1
for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
Date : 06/12/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Heard learned advocate Mr. Harshesh R. Kakkad for the appellant-
Nagarpalika and learned advocate Mr. D.G. Shukla for the respondent-
workman.
2. Preferred by the Nagarpalika, this Letters Patent Appeal arises out
of common judgment and order dated 13.09.2022 of learned Single Judge
in so far as the decision relates to Special Civil Application No. 8334 of
2012. Learned Single Judge directed Municipality to pay lump sum
compensation of Rs.3 Lakhs to the petitioner.
NEUTRAL CITATION
C/LPA/1314/2023 ORDER DATED: 06/12/2023
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3. The Reference (IT) No.103 of 1998 of the respondent workman,
came to be rejected by the Industrial Tribunal by judgment and order
dated 12.04.2012. The respondent workman was a peon under first party
employer. The workman filed the statement of claim (Exh.7) and sought
relief for regularization from the date of entry in service and to extend the
resultant service benefits.
4. It was the case that though she was discharging the duties of a
permanent nature, she was kept in service as daily-rated employee by
paying the minimum wages and that thereby the employer deprived the
workman of permanency by indulging into unfair labour practice. The
first party employer filed its reply ( Exh.19) to take a stand that the
employee was a daily rated workman and was employed depending upon
the availability of work. It was contended that she was not a regularly
selected employee, not entitled to regularization.
4.1 The reference came to be rejected by the Industrial Tribunal
observing inter alia that the workman had entered into service on
5.1.1998, she obtained ex parte interim stay against the employer and
continued in service. It was this aspect which weighed with the Industrial
Tribunal to dismiss the reference.
5. Reckoned from the date of entry in service, the workman, in any
case, continued to serve the first party employer- theMunicipality for
more than 20 years.
5.1 Learned Single Judge in paragraph 4.5 of the order noticed the
NEUTRAL CITATION
C/LPA/1314/2023 ORDER DATED: 06/12/2023
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sanction set up of the Municipality to come to conclusion in paragraph 10
that total 59 posts were vacant and at least 7 posts of peon were vacant.
5.2 Though the findings were recorded in favour of the workman, there
was no question of reinstating her as she has already retired. Taking note
of the aspect that the workman retired after rendering long services, and
taking into account the overall circumstances, Rs.3 Lakhs was awarded to
the petitioner towards lumpsum compensation.
6. The length of service, the nature of post, the status of workman and
time which has elapsed till granting of relief are relevant factors, on the
basis of which the court may advert to grant relief of payment of lump
sum compensation in lieu of the relief of reinstatement. Noticing the
relevant facts, this court does not find any error on part of the learned
Single Judge to pay to the petitioner amount of Rs.3 Lakhs towards
compensation.
7. The appeal lacks merit since no error can be booked in the
judgment and order of learned Single Judge. The Letters Patent Appeal is
dismissed.
As the appeal is dismissed, the Civil Application will not survive.
(N.V.ANJARIA, J)
(CHEEKATI MANAVENDRANATH ROY, J)
C.M. JOSHI
