Gujarat High Court
Nirmal Gelabhai Chavda vs The Deputy Executive Engineer on 3 April, 2025
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
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C/SCA/12771/2019 JUDGMENT DATED: 03/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12771 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
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Approved for Reporting No Yes
✔
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NIRMAL GELABHAI CHAVDA
Versus
THE DEPUTY EXECUTIVE ENGINEER & ANR.
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Appearance:
MR MUKESH H RATHOD(2432) for the Petitioner(s) No. 1
MR. AAKASH GUPTA, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 03/04/2025
ORAL JUDGMENT
1. Heard Mr. Mukesh H. Rathod, learned advocate
appearing for the petitioner and Mr. Aakash Gupta, learned
Assistant Government Pleader appearing for the respondents -
State.
2. By way of the present petition, petitioner herein has
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C/SCA/12771/2019 JUDGMENT DATED: 03/04/2025
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prayed for the following reliefs:
"8. The petitioner workman therefore prays that;
(a) This Hon'ble Court may kindly be pleased to issue a writ of
certiorari, mandamus, prohibition or any other writ or order and
be further pleased to;
(b) To pass an order to fix the pay fixation as awarded in
connection with the order passed by the Hon'ble High Court in
Special C.A. 7872/2012 and to pay arrears along with the interest
of 18% per annum.
(c) To pass such other and further orders relating to the actual
date of grant of permanency monetary benefits or equal wages
for equal work in favor of the petitioner as deemed just and
proper by this Hon'ble Court in the facts and circumstances of
the case."
3. The petitioner herein raised an industrial dispute
against the illegal termination of the petitioner, wherein, by
award dated 30.03.2010 passed by the Presiding Officer, Labour
Court No.1, Rajkot being Reference (LCR) No. 274 of 2006 which
is duly produced at page-7, Annexure-A, petitioner was reinstated
in service, without continuity and back-wages.
4. The said award was subject matter of challenge by
filing a petition being Special Civil Application No.7872 of 2012
by the respondent - State, which came to be dismissed by oral
judgment dated 07.03.2013, duly produced at Page-16, Annexure-
B. The said order was also subject matter of challenge by the
respondent - State before the Hon'ble Apex Court, wherein, the
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said Special Leave to Appeal (Civil) CC NO. 15512 of 2013, also
came to be dismissed by order dated 09.09.2013.
5. Mr. Mukesh H. Rathod, learned advocate appearing
for the petitioner submitted that upon reinstatement of the
petitioner, by award of the Labour Court dated 30.03.2010, the
respondents herein be directed to grant the benefits of the
government resolution dated 17.10.1988 in accordance with the
services rendered by the petitioner herein.
6. Mr. Rathod, learned advocate placed reliance on the
order dated 24.06.2022 passed in Special Civil Application No.
5705 of 2019, wherein, identically placed employees have been
extended the benefits of the government resolution dated
17.10.1988.
7. Mr. Aakash Gupta, learned Assistant Government
Pleader appearing for the respondents - State is not in a position
to controvert the aforesaid submissions and submits that the
needful be done in accordance with law and the eligibility of the
petitioner will be considered for the benefits of the government
resolution dated 17.10.1988.
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8. Having heard the learned advocates appearing for the
respective parties, the respondents to extend the benefits of the
government resolution dated 17.10.1988 taking into consideration
the date of reinstatement of the petitioner, i.e. from 30.03.2010,
i.e. the date of the award passed by the Labour Court, Rajkot in
Reference (LCR) No. 274 of 2006 (Annexure-A, Pg.7).
9. In light of the aforesaid, needful be done by the
respondent within a period of 10 weeks from the receipt of the
order.
10. The present petition stands ALLOWED to the aforesaid
extent. Direct service is permitted. Rule is made absolute to the
aforesaid extent.
(VAIBHAVI D. NANAVATI,J)
Pradhyuman
