Mukeshbhai Pramodbhai Trivedi vs State Of Gujarat
2023 Latest Caselaw 184 Guj

     C/SCA/9694/2016                                 ORDER DATED: 07/01/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
               R/SPECIAL CIVIL APPLICATION NO. 9694 of 2016
                                        With
              R/SPECIAL CIVIL APPLICATION NO. 12414 of 2016
==========================================================
               MUKESHBHAI PRAMODBHAI TRIVEDI & 6 other(s)
                                       Versus
                        STATE OF GUJARAT & 8 other(s)
==========================================================
Appearance:
MS VIDHI J BHATT(6155) for the Petitioner(s) No. 1,2,3,4,5,6,7
MR ADITYASINH JADEJA, AGP for the Respondent(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 2
NOTICE SERVED BY DS for the Respondent(s) No. 1,3,4,5,6,7,8,9
==========================================================
   CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
                                Date : 07/01/2023
                                  ORAL ORDER

1. Heard learned advocates for the respective parties.

2. This Court on 15.03.2016, in Special Civil Application

No.6861 of 2014 in the case of these petitioners herein had

passed an order, the operative portion of which reads thus:

"10. It is true that the benefits flowing from the Government Resolution dated 17.10.1988 are not automatic. An employee will have to fulfill the necessary conditions and on fulfillment of those conditions, he would be ultimately conferred with such benefits. In such circumstances, I expect the authorities to undertake an exercise by proper verification of the record of each of the petitioners whether the necessary requirements are fulfilled or not. Let such exercise be undertaken at the earliest, and completed within a period of 3 months from the date of receipt of a writ of this order, and necessary orders in writing shall be passed about the applicability of the Government Resolution and each of the petitioner shall

C/SCA/9694/2016 ORDER DATED: 07/01/2023

be informed about the same in writing."

3. It is submitted by Ms.Vidhi Bhatt, learned advocate for

the petitioners that authorities thereafter had passed the

impugned order dated 8/13.6.2016 rejecting the case of the

petitioners on the ground that the Government Resolution

dated 17.10.1988 bans the employment of daily wagers, and

in view of the opinion given by the panel Advocate as well as

the orders passed by the High Court, their case for

regularization cannot be considered. The perusal of the

impugned order shows that the same does not have any

reasoning whatsoever with respect to the individual case of

the petitioners whose case was to be considered. The order

is a cryptic order and does not refer to any details and

reasoning for rejection other than what is mentioned herein

above.

4. Mr.H.S. Munshaw, learned advocate for respondent

No.2 submits that though the order is cryptic and not a

reasoned one, but it has taken into to account the

Government Resolution dated 17.10.1988.

C/SCA/9694/2016 ORDER DATED: 07/01/2023

5. It is clear that this Court had directed the authorities

to undertake an exercise by proper verification of the record

of each of the petitioners with respect to the fulfillment of

the requirements under the Government Resolution dated

17.10.1988. It was further directed that such an exercise be

completed within a period of three months. A perusal of the

order does not reveal such an exercise being undertaken

and there is no proper reasoning for rejection of the claim of

the petitioners for regularization.

6. In view thereof, the impugned judgment and order in

respect of each of the petitioners herein is quashed and set

aside. The respondent authorities are directed to reconsider

the case of the petitioners herein in terms of the judgment

and order dated 15.03.2016 passed in Special Civil

Application No.6861 of 2014. Before deciding the case of

each of the petitioners, the respondent authorities shall also

grant personal hearing to the petitioners. The petitioners

would be at liberty to place on record their submissions as

well as documents in support of their case. Thereafter, the

C/SCA/9694/2016 ORDER DATED: 07/01/2023

respondent authorities are directed to take an appropriate

decision in each case by a well reasoned order considering

and adjudicating all the contentions raised by the

petitioners in accordance with law and on its own merits.

7. Let the said exercise be undertaken within a period of

three months from the date of receipt of this order.

8. After the passing of the reasoned order, if adverse, the

same shall not be implemented for a period of two weeks so

as to enable the petitioners to approach the appropriate

forum. Till the decision is taken, there shall be no variation

in the service conditions of the petitioners.

9. Accordingly the writ petitions stand disposed of.

10. In view of the disposal of the main matters, the

connected applications do not survive and the same are

disposed of accordingly. Direct service is permitted.

(ANIRUDDHA P. MAYEE, J.) ALI