Chief Officer vs Dipakbhai Kanabhai Vaja
2023 Latest Caselaw 2579 Guj

   C/SCA/14759/2012                                 ORDER DATED: 28/03/2023




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/SPECIAL CIVIL APPLICATION NO. 14759 of 2012
                           With
      R/SPECIAL CIVIL APPLICATION NO. 15014 of 2012
                           With
      R/SPECIAL CIVIL APPLICATION NO. 15015 of 2012
=============================================
                           CHIEF OFFICER
                               Versus
                      DIPAKBHAI KANABHAI VAJA
=============================================
Appearance:
MR MURALI N DEVNANI(1863) for the Petitioner(s) No. 1
MRS KRISHNA G RAWAL(1315) for the Respondent(s) No. 1
=============================================

 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                         Date : 28/03/2023

                             ORAL ORDER

In all these Special Civil Applications, learned Labour Court has awarded reinstatement with continuity in service without back-wages. An interim order came to be passed reinstating the respondent - Workmen in service and staying the continuity in service. It is submitted by learned counsels for the parties that the present cases are covered by the judgment of Hon'ble Supreme Court in the case of Gurpreet Singh Vs. State of Punjab and Others reported in 2002 (92) FLR 838, wherein it has been held thus:

"3. Having heard the learned counsel for the parties and on examining the materials on record, we fail to understand how the continuity of service could be denied once the plaintiff is directed to be reinstated in service on setting aside the order of termination. It is not a case of fresh appointment, but it is a case of reinstatement. That being the position, direction of the High Court that the plaintiff will not get continuity of service can not be sustained and we set aside that part of the impugned order.

C/SCA/14759/2012 ORDER DATED: 28/03/2023

So far as the arrears of salary is concerned, we see no infirmity with the direction which was given by the lower appellate court taking into account the facts and circumstances including the fact that the suit was filed after a considerable length of time. That part of the decree denying the arrears of salary stands affirmed and this appeal stands allowed in part to the extent indicated above."

The said legal position is also followed by order dated 06.02.2013 in Special Civil Application No.11836 of 2009 and other connected matters as well as in order dated 01.12.2010 in Letters Patent Appeal No.2712 of 2010.

In view of the aforesaid legal position, there is no illegality in the award passed by the Labour Court in the present writ petitions. All the writ petitions fail and are accordingly dismissed with no order as to costs.

(ANIRUDDHA P. MAYEE, J.) T. J. Bharwad