Gujarat High Court
Vishwajitsinh Randhirsinh Jadeja vs Vibhagiya Niyamak St on 10 June, 2024
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C/SCA/8228/2024 ORDER DATED: 10/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8228 of 2024
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VISHWAJITSINH RANDHIRSINH JADEJA
Versus
VIBHAGIYA NIYAMAK ST
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Appearance:
MR AMRESH N PATEL(2277) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 10/06/2024
ORAL ORDER
1. By way of present petition under Article 226 & 227 of the
Constitution of India, the petitioner has prayed for the
following reliefs :
"(A) To quash and set aside the impugned Award passed by the Ld.
Industrial Tribunal, Rajkot dated 11.12.2023 and grant relief prayed
in the statement of claims of the petitioner. Marked as Annexure
"A".
(B) The Hon'ble Court be further pleased direct Respondent
corporation to extend all the benefits which has been extended to
Atulbhai Rajayaguru at par to the petitioner and direct the
respondent to grant same fitment, seniority and all other
consequential benefits including higher pay scale, promotion etc
with arrears.
(C) The Hon'ble Court be pleased grant 8% interest on the amount
of arrears payable to the petitioner.
(D) During the admission, hearing and final disposal of the petition,
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C/SCA/8228/2024 ORDER DATED: 10/06/2024
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be pleased to stay the impugned Award and direct the respondent
to pay salary at par with Atulbhai Rajayaguru as per the pay
fixation produced at Exhibit-19 & 20.
(E) To grant any other and further reliefs that may be deemed fit
and proper and in the interest of justice."
2. Heard learned advocate Mr.Amresh Patel appearing on
behalf of the petitioner.
3. Learned advocate for the petitioner has submitted that
the similarly situated person who was appointed with the
petitioner on the same day has been granted the benefits and
the petitioner has been denied.
4. On perusal of the Award passed by the Labour Court, the
findings recorded by the Labour Court in paragraph 16, the
Labour Court has observed that the issue raised by the present
petitioner was already concluded in Special Civil Application
No.12663 of 2014 and in Letters Patent Appeal No.1185 of
2014 and the same was confirmed by the Hon'ble Apex Court
and therefore, the Labour Court after considering the
submissions and after considering the facts of the present case
has rightly observed that the issue involved in the present
case is already covered by the decision of the Hon'ble Apex
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Court. The Labour Court has rightly rejected the Reference of
the present petitioner after discussing the relevant facts and
the judgment / oral order passed by this Court and confirmed
by the Division Bench in LPA and further confirmed by the
Hon'ble Apex Court and therefore, the case of the present
petitioner was rightly rejected by the Labour Court.
5. Considering all these aspects, I do not find any infirmity
in the Award passed by the Labour Court, more particularly,
the observations made in paragraph 16 onward. Hence, the
present petition being devoid of any merits, deserves to be
dismissed and it is hereby dismissed. No order as to costs.
(HEMANT M. PRACHCHHAK,J)
Dolly
