Rajendrabhai Ajitbhai Basiya vs Rajkot Municipal Corporation
2024 Latest Caselaw 924 Guj

Gujarat High Court

Rajendrabhai Ajitbhai Basiya vs Rajkot Municipal Corporation on 2 February, 2024

Bench: Sunita Agarwal, N.V.Anjaria

                                                                                  NEUTRAL CITATION




       C/CA/2333/2023                              ORDER DATED: 02/02/2024

                                                                                   undefined




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2333 of
                               2023
           In R/MISC. CIVIL APPLICATION NO. 388 of 2024
                               With
             R/MISC. CIVIL APPLICATION NO. 388 of 2024
           In R/LETTERS PATENT APPEAL NO. 665 of 2023
==========================================================
                         RAJENDRABHAI AJITBHAI BASIYA
                                    Versus
                        RAJKOT MUNICIPAL CORPORATION
==========================================================
Appearance:
KRISHNAN M GHAVARIYA(8133) for the Applicant(s) No. 1
MR. HS MUNSHAW, for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
       SUNITA AGARWAL
       and
       HONOURABLE MR. JUSTICE N.V.ANJARIA

                               Date : 02/02/2024

                        ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

Order in Civil Application (Condonation of Delay) No. 2333 of

The delay occurred in filing the Misc. Civil Application (for Review) is explained to the satisfaction of the Court. Hence, delay is condoned. Present Civil Application is allowed. Registry is directed to give pakka number to the Misc. Civil Application (for Review).

Order in Misc. Civil Application (for Review) No. 388 of 2024

The Review Application has been filed with the assertion that there is a decision of the Division Bench of this Court in

NEUTRAL CITATION

C/CA/2333/2023 ORDER DATED: 02/02/2024

undefined

Letters Patent Appeal No. 1132 of 2018 titled as Heirs Of Decd. Dhirubhai Lavabhai Suvagiya & Others Versus Range Forest Officer dated 23.11.2021 reported in 2022 (1) CLR 413, to the effect that in case of reinstatement on termination being set aside, continuity of service is to be granted as a matter of course.

We are afraid to accept the said submission made by the learned counsel for the review applicant, having noted that the review applicant - respondent was a daily wager, and for that reason, he cannot be granted continuity of service. The award passed by the Labour Court was, accordingly, modified by us to the said extent.

Further the submission cannot be accepted within the scope of review as no re-hearing is permitted. It is, however, pointed out by the learned counsel for the appellant - opposite party that on a challenge by the Corporation to the judgment under Review, the Petition(s) for Special Leave to Appeal (C) No(s). 22988/2023 has been dismissed vide order dated 13.10.2023 by the Apex Court. The Review Application is, accordingly, rejected.

(SUNITA AGARWAL, CJ )

(N.V.ANJARIA, J) AMAR SINGH