State Of Gujarat - Through Deputy ... vs Nirmlaben Jivabhai
2023 Latest Caselaw 1882 Guj

     C/SCA/6518/2011                                   ORDER DATED: 23/02/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 6518 of 2011

==========================================================
          STATE OF GUJARAT - THROUGH DEPUTY DIRECTOR
                              Versus
                       NIRMLABEN JIVABHAI
==========================================================
Appearance:
MR ADITYASINH JADEJA AGP for the Petitioner(s) No. 1
MR MURALI N DEVNANI(1863) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                Date : 23/02/2023

                                  ORAL ORDER

1. The present Special Civil Application is filed praying for the following reliefs :-

"a) Be pleased to allow this writ petition.

b) Be pleased to issue an appropriate writ in the nature of writ of certiorari, and/or any other writ, direction or order for quashing and setting aside the judgment and award dated 07.02.2011 passed by the Labour Court, Bhavnagar in Reference LCB No.265 of

c) Pending hearing, admission and final disposal of this petition, your Lordships may be pleased to stay implementation, execution and operation of the judgment and award dated 07.02.2011 passed by the Labour Court, Bhavnagar in Reference LCB No.265 of 2000 at Annexure -A to this petition.

d) Be pleased to grant any other and further relief/ s in the interest of justice."

2. It is jointly submitted by learned advocates for the parties that in the present case, the respondent workman was already working in the establishment through the contractor from

C/SCA/6518/2011 ORDER DATED: 23/02/2023

01.08.2008. It is submitted that by the impugned judgment and award dated 07.02.2011, the learned Labour Court, Bhavnagar passed an order to pay 20% back wages for the period from 06.10.2000 to 31.07.2008 and reinstate the respondent workman with continuity in service. It is further submitted by both the learned advocates that by order dated 15.07.2011, the respondent workman has since been regularized in the service against the vacant post. It is therefore submitted that in the present case, the impugned judgment and award has been almost complied with and the only issue which remains under challenge is with respect to payment of 20% back wages for the period from 06.10.2000 to 31.07.2008.

3. No case is made out on merits with respect to the award of back wages. In view of aforesaid subsequent developments and the submissions made by learned advocates appearing for the parties, no interference is called for in the impugned judgment and award. The Special Civil Application is dismissed accordingly. No order as to costs.

(ANIRUDDHA P. MAYEE, J.)

cmk