Gujarat High Court
Khata Madhubhai Jivabhai vs State Of Gujarat on 12 February, 2025
Author: Biren Vaishnav
Bench: Biren Vaishnav
NEUTRAL CITATION
C/LPA/430/2023 ORDER DATED: 12/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 430 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 12730 of 2019
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2023
In R/LETTERS PATENT APPEAL NO. 430 of 2023
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KHATA MADHUBHAI JIVABHAI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR SHALIN MEHTA, SR COUNSEL assisted by MS VISHWA SHAH for M/S.
NANAVATI ASSOCIATES(1375) for the Appellant(s) No. 1
MR AAKASH CHHAYA, AGP for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
and
HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 12/02/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)
1. Heard Mr. Shalin Mehta, learned Senior Counsel
assisted by Ms. Vishwa Shah for M/s. Nanavati
Associates for the appellant and Mr. Aakash Chhaya,
learned Assistant Government Pleader for the
respondent - State at length. Though served, none
appeared for respondent Nos.2 and 3. Perused the
record.
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2. The challenge in this appeal is to the oral judgment
dated 1.12.2022 passed by the learned Single Judge
in Special Civil Application No.12730 of 2019. The
petitioner before the learned Single Judge who is the
appellant before us, had filed a petition praying for a
direction that the State Authorities ought to
regularize the services of the petitioner and also pay
minimum of pay scale. The case of the petitioner was
that he was serving as a Daily Wager Peon in the
Legal Department of Sachivalaya, Gandhinagar and
was working in a Liaison Office of the High Court of
Gujarat, Sola, Ahmedabad. The order sheet of the
Letters Patent Appeal indicates that appeal was
ordered to be heard with Letters Patent Appeal
No.561 of 2021.
3. Learned Assistant Government Pleader Mr. Aakash
Chhaya for the respondent - State has placed
reliance upon decision dated 11.12.2023 of Letters
Patent Appeal No.569 of 2021 by which all the
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appeals including Letters Patent Appeal No.561 of
2021 were disposed of. Admittedly, the present
appellant's appeal ought to have been heard with a
group of appeals disposed of by Division Bench of
this Court. We note that the Division Bench disposed
of the group of appeals with the following directions.
"6. Admittedly, the prayer was for
regularisation of the petitioners by
pressing the principles laid down by the
Supreme Court in Uma Devi (supra). It was
a relief claimed for in clause (F) of the
relief paragraph in the petition. While
declining the said relief, learned Single
Judge, as quoted above, viewed that "the
reliefs claimed in clause (F) seeking
regularization is nothing but parity with
regularly selected Class IV employees".
6.1 This Court is not accepting the
above proposition of law inasmuch as
the relief of regularisation on one
hand and the relief of payment of
minimum pay-scale to any employee
are two distinct reliefs. It could not be
said that the relief of regularisation is
nothing but parity with regularly
selected Class IV employees. Relief of
regularisation is a higher relief.
6.2 The petitioners have claimed the
relief, which resulted into grant of
lesser relief by learned Single Judge of
payment of minimum of wages. It is
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this grievance, which has brought the
petitioners before this Court by way of
this group of Letters Patent Appeals.
6.3 Therefore, as would be noticed, it
is the above reasoning, which has
resulted into denial of relief of
regularisation to the petitioners.
6.4 As the said reasoning, to be
stated at the cost of repetition that
learned Single Judge perceived the
relief of regularisation to be at par
with the relief of grant of minimum
pay-scale, would not hold good. It is
held that the aforesaid reasoning is
not correct and shall be reexamined
by learned Single Judge by rendering
the decision afresh.
6.5 In order to enable learned Single
Judge to decide afresh, on the limited
ground as above, the judgment of
learned Single Judge deserves to be
set aside. It is accordingly set aside
and learned Single Judge is directed
to decide the aspect of said relief
afresh and render decision thereon as
expeditiously as possible.
6.6 It is clarified that this Court has
not gone into any other aspect except
the above limited reasoning to hereby
direct to remit the case to learned
Single Judge for decision afresh.
6.7 All the contentions for both the
sides including those raised herein,
including the acquiescence and
refutation thereof, are kept open to
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raised to be decided in accordance
with law.
7. The appeals are allowed to the aforesaid
extent."
4. In light of this, the appeal is allowed in the aforesaid
terms in light of the directions issued in Letters
Patent Appeal No.569 of 2021 and allied matters vide
order dated 11.12.2023.
5. The petition is restored to the file of the learned
Single Judge to be heard on merits.
6. Mr. Shalin Mehta, learned Senior Counsel for the
appellant would also submit that post the decision of
State of Karnataka v. Uma Devi reported in
2006(4) SCC, 1, the Hon'ble Supreme Court in the
case of Jaggo V. Union of India and others
decided on 20.12.2024 in SLP (C) No.5580 of
2024 has observed that the judgment of Uma Devi
(Supra) though sought to curtail the practice of
backdoor entries, it is regrettable that its principles
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are often misinterpreted or misapplied to deny
legitimate claims of long-serving employees. The
Hon'ble Supreme Court also observed that in
engaging workers on a temporary basis for extended
periods, especially when their roles are integral to
the organization's functioning, not only contravenes
international labour standards but also exposes the
organization to legal challenges and undermines
employee's morale.
7. In light of this, while taking into consideration the
prayer of regularization, the learned Single Judge
may consider the decision of Jaggo (Supra).
8. In view of above, the oral judgment dated 1.12.2022
passed by the learned Single Judge in Special Civil
Application No.12730 of 2019 is quashed and set
aside.
9. The appeal stands disposed of in above terms. No
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order as to costs.
10. In view of the disposal of the main appeal, Civil
Application will also not survive and hence the same
also stands disposed of.
(BIREN VAISHNAV, J)
(D. M. DESAI,J)
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