Gujarat High Court
Champaben Wd/O Kalabhai Ukabhai Parmar vs State Of Gujarat on 17 February, 2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16418 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE D.N.RAY
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Approved for Reporting Yes No
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CHAMPABEN WD/O KALABHAI UKABHAI PARMAR & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR NILESH M SHAH(780) for the Petitioner(s) No. 1,2,3,4
MR. AKASH GUPTA, AGP for the Respondent(s) No. 1,2,3,4,5
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CORAM:HONOURABLE MR.JUSTICE D.N.RAY
Date : 17/02/2025
ORAL JUDGMENT
1. Heard learned advocate Mr. Nilesh M.Shah for the petitioners
and learned Assistant Government Pleader Mr. Akash Gupta for the
respondents.
2. Rule returnable forthwith. Learned Assistant Government
Pleader Mr.Akash Gupta waives service of notice of rule for the
respondents. With the consent of learned advocates appearing for
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the respective parties, the matter is taken up for final hearing, as
the issue involved is very short.
3. The facts of the case are as under:-
3.1. Deceased Kalabhai Ukabhai Parmar was employed by the
Respondent No.3 as a daily wage labourer since 1979. The service of
the said deceased Kalabhai came to be orally terminated by the
Respondent No.3 on 01.01.1991. The said dispute regarding
termination came to be adjudicated in Reference (LCS) No. 82/2001
by the learned Labour Court, Surendranagar, which by its award
dated 08.01.2007, reinstated Kalabhai without backwages. The
Respondent Nos. 2 and 3 filed Special Civil Application No. 15685
of 2007 challenging the said award dated 08.01.2007. The said
Special Civil Application No.15685 of 2007 came to be dismissed
by this Court vide order dated 03.08.2007, thereby confirming the
award dated 08.01.2007 which reinstated Kalabhai. Eventually the
Respondent Nos. 2 and 3 had reinstated Kalabhai by order dated
31.12.2008 with effect from 05.01.2009. Kalabhai expired on
02.06.2011. The present petitioners who are legal representatives of
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Kalabhai had filed Special Civil Application No. 14788 of 2016
claiming the benefits of Government Resolution dated 17.10.1988.
This Court, by order dated 22.10.2019, disposed of the said Special
Civil Application with a liberty to the petitioners to approach the
respondent-authorities which were further directed to pass necessary
orders on representations that may be filed by the petitioners,
pursuant to the said order dated 22.10.2019, within a period of three
months thereof. Accordingly, the petitioners submitted their
representations dated 25.11.2019. Since the said representations
were not decided within the prescribed period of three months, the
petitioners were forced to file Contempt Application being
Misc.Civil Application No. 482 of 2020 in Special Civil Application
No. 14788 of 2016. By order dated 09.09.2020, the said Contempt
Application came to be disposed of on the assurance of the
respondent-authorities that the said representations dated 25.11.2019
shall be decided within a period of eight (8) weeks from 09.09.2020.
On such assurance, the Contempt Application came to be disposed
of. Eventually, by order dated 03.10.2020, the respondent-
authorities disposed of the said representations by holding as
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under :-
"It is further stated that, in connection with the Award dated
08/01/2007 in LCA No.82/2001 filed by Late Kalabhai Ukabhai
Parmar, Honourable Labour Court, Surendranagar had passed an
order to reinstate him without any benefits of salary for absent
days or back wages or without any service benefits. Accordingly,
Late Kalabhai Ukabhai Parmar was reinstated in service with
effect from 18/01/2007 and as per the rules prevailing on
18/01/2007, he was paid daily wages and thereafter, on
02/06/2011, he had passed away. In view of this, Late Kalabhai
Ukabhai Parmar has performed duty as a daily wager for a period
of 4-years, 4-months and 15-days and as per the Circular dated
17/10/1988 of the Government, the daily wager who has completed
service of less than five years, has been paid the amount of daily
wages as per the prevailing Rules of the minimum wages and for
the service of more than 240 days in the first year, he is liable to
get holiday for Sunday with back wages, medical benefits and
leaves on national holidays and all these benefits have been given
to Late Kalabhai Ukabhai Parmar during his tenure of duty.
Whosoever employee or daily wager had completed Court,
Surendranagar had passed an order to reinstate him without any
benefits of salary for absent days or back wages or without any
service benefits. Accordingly, Late Kalabhai Ukabhai Parmar was
reinstated in service with effect from 18/01/2007 and as per the
rules prevailing on 18/01/2007, he was paid daily wages and
thereafter, on 02/06/2011, he had passed away. In view of this,
Late Kalabhai Ukabhai Parmar has performed duty as a daily
wager for a period of 4-years, 4-months and 15-days and as per
the Circular dated 17/10/1988 of the Government, the daily wager
who has completed service of less than five years, has been paid
the amount of daily wages as per the prevailing Rules of the
minimum wages and for the service of more than 240 days in the
first year, he is liable to get holiday for Sunday with back wages,
medical benefits and leaves on national holidays and all these
benefits have been given to Late Kalabhai Ukabhai Parmar during
his tenure of duty. Whosoever employee or daily wager had
completed five years of service is entitled to get gratuity, whereas
Late Kalabhai Ukabhai Parmar has not completed service of five
years, he is not entitled to receive gratuity as per the rules and
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regulations of the industrial laws. As he had passed away while he
was in service / duty, as a special case, he has been given payment
of Rs.32451/- vide cheque No.5083896 dated 10/01/2012. As he is
not a permanent daily wager, that is, as a daily wager for
calculation of pensionable service, in case of death, there should
be minimum service of 10 years, which has not been completed by
him. Therefore, apart from the amount of gratuity that he has been
paid as a special case, he is not entitled to get any additional
benefits as per rules. In view of the same, in accordance with the
order/award dated 08/01/2007 of the Honourable Labour Court,
Surendranagar in L.C.A. No. 82/2001, your representation dated
27/02/2020, has been received by this office on 29/02/2020. Upon
verification thereof as per the rules, as stated earlier, he is liable
to be given any other benefits apart from the gratuity by the
Government. Therefore, the order is passes as mentioned above."
[Official Translation from original vernacular]
4. The present writ petition thus came to be filed with the
following main prayers :-
"(A) ......
(B) to quash and/or set aside impugned Order dated 03.10.2020
Annexure K passed by the Respondent No.2.
(C) To direct the Respondents to give the benefit of Resolution
dated 17.10.1988 Annuexure F to the petitioners as a legal heirs of
deceased Kalabhai Ukabhai Parmar with effect from 01-10-1988
notionally (with revised pay scale) up to 08-01-07 and further be
pleased to direct the Respondents to give difference of salary (with
revised pay scale from 09.01.2007 onwards till 01-06-11.
(D) to direct the Respondents to grant retirement benefits of
deceased Kalabhai Ukabhai Parmar like Family Pension and
Gratuity on the basis of 31 years service, Leave Encashment of 300
days, etc. to the petitioners as a legal heirs of deceased Kalabhai
Ukabhai Parmar with 12% interest from 03.06.2011 till its
realization."
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5. Mr. Nilesh Shah, learned advocate appearing on behalf of the
petitioner has relied upon a decision of the Hon'ble Division Bench
of this Court in Letters Patent Appeal No.174 of 2017 in Special
Civil Application No.18470 of 2014, which by order dated
11.07.2018 has held as under:-
"8. The undisputed fact in the present appeal is that the
respondent-workman was terminated from the service in the Year-
1988 and his termination was quashed and set aside by the award
dated 12.01.2007. The Labour Court had directed the present
appellants to reinstate the present respondent-workman without
backwages on his original post, however, no specific reference was
made regarding continuity of service. The Apex Court in the case
of Gurpreet Singh (Supra) has specifically observed that once the
termination is set-aside, the workman will be entitled for continuity
of service since the same is not fresh appointment, but it is a case
of reinstatement. Accordingly, the workman was reinstated by the
order dated 06.10.2008 on his original post, and thereafter, also,
it is undisputed fact he was conferred the benefit of regular pay-
scale till he retired on 13.11.2013 after rendering 5 years of
service."
6. Mr. Nilesh Shah, learned advocate submits that in view of the
clear statement of law laid down by this Court as well as Hon'ble
Apex Court in the case of State of Gujarat & Ors. Vs. PWD
Union & Ors. reported in (2013) 12 SCC 417 and in the case of
State of Gujarat & Ors. Vs. PWD Union & Ors. reported in
(2019) 3 SCC 642 , the petitioners are bound to get the benefit of the
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Government Resolution dated 17.10.1988 as the continuity of
service of the deceased employee cannot be disputed by the
respondent-State.
7. Learned Assistant Government Pleader Mr.Akash Gupta
appearing on behalf of the respondents fairly stated that the aforesaid
decisions are squarely applicable to the facts of the present case. In
that view of the matter and considering the position of law as stated
in the aforesaid precedents, the present petition succeeds and the
respondents are directed to pay the difference of salary, taking into
account the revised pay scale from 09.01.2007 till 01.06.2011 and
all the other retirement benefits including but not limited to family
pension, gratuity, leave encashment, within a period twelve weeks
from the date of receipt of copy of this order. The same shall also
bear interest at the rate of 6% per annum from 03.06.2011 till the
date of actual payment.
8. At this stage, Mr. Gupta, learned Assistant Government
Pleader objected to the grant of interest as well as the "revised pay
scale" from 09.01.2007 till 01.06.2011. According to Mr. Gupta,
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learned AGP, there is no determination by the State to the facts of
the case as to whether the said revised pay scale would be applicable
to the petitioners or not. This Court however, is of the opinion that
the grant of revised pay scale according to the acceptance of the
recommendations of the various Pay Commissions are a matter of
factual certainty and there could be no dispute as to their respective
dates of applicability as the same have been granted across the board
to all the employees within the State.
9. In such view of the matter, the reservation of Mr. Gupta is
unfounded and the respondents are directed to implement the present
order in letter and spirit, particularly considering the fact that the
deceased employee in his lifetime did not get the benefits and the
legal representatives of the said deceased employee who are the
petitioners before this Court had to make several attempts to
eventually get the fruits of the service of the said deceased
employee.
10. As far as the interest part is concerned, it cannot be overstated
that once the petitioners are held to be eligible for payment of the
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dues which were supposed to be paid by the State, the payment of
interest must necessary follow. Mr.Gupta, learned AGP submits that
since the present petition has been filed only in 2020, the grant of
interest should also be, at best, limited from the date of filing of the
present petition and not from any point of time earlier. This Court
however notes that the petitioners had first approached this Court by
way of filing Special Civil Application No.14788 of 2016 stating
that the dues of the deceased Kalabhai Ukabhai Parmar who had
passed away on 02.06.2011 remained unpaid. Therefore, this Court
deems it fit that the interest on the aforesaid payment which has been
directed by this Court in paragraph No.7 hereinabove, has to be
calculated at the rate of 6% per annum i.e. from 01.09.2016, that is
from the date of filing of Special Civil Application No. 14788 of
2016. Rule is made absolute to the aforesaid extent. No order as to
costs.
(D.N.RAY,J)
BINA SHAH
