Gujarat High Court
Amreli Municipality , Through Chief ... vs Piyushbhai Rameshbhai Chauhan on 8 August, 2025
Author: A. S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
LPA/933/2025 ORDER DATED: 08/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 933 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 17019 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/LETTERS PATENT APPEAL NO. 933 of 2025
With
R/LETTERS PATENT APPEAL NO. 934 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 16542 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT
APPEAL NO. 934 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 16542 of 2024
With
R/LETTERS PATENT APPEAL NO. 935 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 17064 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT
APPEAL NO. 935 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 17064 of 2024
With
R/LETTERS PATENT APPEAL NO. 915 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 16894 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT
APPEAL NO. 915 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 16894 of 2024
With
R/LETTERS PATENT APPEAL NO. 916 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 16943 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT
APPEAL NO. 916 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 16943 of 2024
With
R/LETTERS PATENT APPEAL NO. 917 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 16509 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT
APPEAL NO. 917 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 16509 of 2024
Page 1 of 6
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NEUTRAL CITATION
LPA/933/2025 ORDER DATED: 08/08/2025
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With
R/LETTERS PATENT APPEAL NO. 918 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 16944 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT
APPEAL NO. 918 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 16944 of 2024
With
R/LETTERS PATENT APPEAL NO. 919 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 16559 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT
APPEAL NO. 919 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 16559 of 2024
With
R/LETTERS PATENT APPEAL NO. 920 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 17475 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT
APPEAL NO. 920 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 17475 of 2024
With
R/LETTERS PATENT APPEAL NO. 921 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 17110 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT
APPEAL NO. 921 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 17110 of 2024
With
R/LETTERS PATENT APPEAL NO. 922 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 17126 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT
APPEAL NO. 922 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 17126 of 2024
With
R/LETTERS PATENT APPEAL NO. 923 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 16978 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT
APPEAL NO. 923 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 16978 of 2024
With
Page 2 of 6
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NEUTRAL CITATION
LPA/933/2025 ORDER DATED: 08/08/2025
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R/LETTERS PATENT APPEAL NO. 924 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 17343 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT
APPEAL NO. 924 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 17343 of 2024
With
R/LETTERS PATENT APPEAL NO. 925 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 17049 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT
APPEAL NO. 925 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 17049 of 2024
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AMRELI MUNICIPALITY , THROUGH CHIEF OFFICER
Versus
PIYUSHBHAI RAMESHBHAI CHAUHAN & ORS.
=============================================================
Appearance Note in LPA No. 915 of 2025, LPA No. 916 of 2025, LPA No. 917
of 2025,LPA No. 933 of 2025 and LPA No. 934 of 2025:
MR DEEPAK P SANCHELA(2696) for the Appellant(s) No. 1
MR AAKASH GUPTA AGP for the Respondent(s) No. 2,3,5
MR N P PANDYA(11241) for the Respondent(s) No. 1
=============================================================
Appearance Note in LPA No.918 of 2025, LPA No. 919 of 2025, LPA No. 920
of 2025, LPA No. 925 of 2025, LPA No. 935 of 2025:
MR DEEPAK P SANCHELA(2696) for the Appellant(s) No. 1
MS SHRUTI DHRUVE AGP for the Respondent(s) No. 2,5
MR N P PANDYA(11241) for the Respondent(s) No. 1
=============================================================
Appearance Note in LPA No.921 of 2025 LPA No. 922 of 2025, LPA No. 923
of 2025, LPA No. 924 of 2025:
MR DEEPAK P SANCHELA(2696) for the Appellant(s) No. 1
MS VAISHNAVI VERMA AGP for the Respondent(s) No. 2,
MR N P PANDYA(11241) for the Respondent(s) No. 1
=============================================================
CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 08/08/2025
COMMON ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present Letters Patent Appeals emanate from the
judgment and order dated 20.01.2025 passed by the learned Single
NEUTRAL CITATION
LPA/933/2025 ORDER DATED: 08/08/2025
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Judge in the captioned writ petitions, which were filed by the
appellant- Amreli Municipality challenging the awards dated
01.10.2024 passed by the Industrial Tribunal, Bhavnagar,(for short
"the Tribunal") conferring the benefits of regularisation to the
respondent - workmen, who were serving as Safai kamdars
(Sweepers). The Tribunal had also directed the appellant - Amreli
Municipality to grant arrears from date of reference till the date of
awards, while directing that the interregnum period from the date
of regularisation till the date of awards be treated as notional.
2. At the outset learned advocate Mr. Deepak Sanchela
appearing for the appellant - Amreli Municipality has submitted
that in case, the direction issued by the Tribunal giving benefit of
arrears from the date of reference till date of award is sustained, it
would impose a huge financial burden on the Municipality. It is
further submitted that though there are sanctioned posts of Safai
kamdars, the Tribunal has directed regularisation of those Safai
kamdars, who had been working for a considerable period. He has
submitted that the same time, if the actual arrears are paid from
the date of reference, which varies in each case, it would also lead
to heartburn among the employees. No further submission is
advanced.
3. Per Contra, learned advocate Mr. N.P Panyda appearing for
the respondent-workmen has submitted that this Court may not
interfere with the directions issued by the learned Single Judge
conferring the arrears from the date of reference, since the
respondent-workmen have been working as Safai kamdars
(Sweepers) for number of years, and it would affect the workmen
monetarily and the nature of the awards conferring the arrears
NEUTRAL CITATION
LPA/933/2025 ORDER DATED: 08/08/2025
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from the date of reference would also be altered, which could
prejudice the workmen. It is submitted that in case the arrears are
denied to the respondent-workmen as directed by the Tribunal, the
same would be in violation of Articles 14 and 21 of the Constitution
of India.
4. We have heard the learned advocates appearing for the
respective parties.
5. It is noticed by us that, the Tribunal, while directing
regularisation of each of the Safai kamdars, has directed the
Amreli Municipality to pay the arrears from the date of reference
till the date of awards. It is noticed by us that the appointment
dates of each of the Safai kamdars are different and date of
reference of the Safai kamdars are also not uniform. For example,
in one of the reference, a Safai kamdar who has filed a reference in
the year 2014, is ordered to be regularised from 01.06.1999,
whereas in some other cases, the reference proceeding which has
been registered in the year 2017, the said safai kamdar is ordered
to be regularised from 31.03.1998. Therefore, in order to see that
no further complications are created with regard to the arrears, we
restrict the conferment of the arrears from three years from
passing of the awards dated 01.10.2024, as the date of awards are
common in the cases of all the Safai kamdars. Thus, in the interest
of justice and so also to see that the Municipality is not burdened
with financial implications and simultaneously, the employees shall
also get the benefit of regularisation from the respective dates as
directed by the Tribunal, the employees shall be entitled to the
arrears preceding three years from the date of award in order to
maintain uniformity of each of the employees. We further direct
NEUTRAL CITATION
LPA/933/2025 ORDER DATED: 08/08/2025
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that the Municipality shall implement the awards and pay the
arrears within a period of six months.
6. In view of the aforesaid, the judgment and order passed by
the learned Single Judge is modified only to the aforesaid extent
with regard to the payment of arrears and the other directions are
not disturbed by us. With these observations, the captioned Letters
Patent Appeals stand disposed of. Consequently ,the connected
Civil Applications also stand disposed of.
Registry to place a copy of this order in each of the matters.
(A. S. SUPEHIA, J)
(R. T. VACHHANI, J)
Radhika/sp.b. 4-6, db- 1 to 11
