Ratubha Jilubha Gohil vs Deputy Executive Engineer, Shetrunji ...
2025 Latest Caselaw 1551 Guj

Gujarat High Court

Ratubha Jilubha Gohil vs Deputy Executive Engineer, Shetrunji ... on 31 July, 2025

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                                            NEUTRAL CITATION




                            C/LPA/648/2025                                   ORDER DATED: 31/07/2025

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/LETTERS PATENT APPEAL NO. 648 of 2025
                                                         In
                                      R/SPECIAL CIVIL APPLICATION NO. 69 of 2025

                     ==========================================================
                                        RATUBHA JILUBHA GOHIL
                                                 Versus
                      DEPUTY EXECUTIVE ENGINEER, SHETRUNJI LEFT BANK MAIN CANAL
                                          SUB DIVISION & ANR.
                     ==========================================================
                     Appearance:
                     MR BJ TRIVEDI(921) for the Appellant(s) No. 1
                     MS JIGNASA B TRIVEDI(3090) for the Appellant(s) No. 1
                     MS VAISHNAVI VERMA AGP for the Respondent(s) No. 1,2
                     ==========================================================

                       CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                             and
                             HONOURABLE MR.JUSTICE R. T. VACHHANI

                                                         Date : 31/07/2025

                                                          ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. Order dated 07/01/2025 passed in the captioned writ petitions by the learned Single Judge is sought to be assailed in this appeal, whereby the petitions of the appellants - original petitioners claiming benefits arising out of the Government Resolution dated 17/10/1988 came to be dismissed on the ground of availing remedy before the appropriate forum under the Industrial Disputes Act, 1947.

2. Having heard the learned advocates appearing for the respective parties and examined the order passed by the learned Single Judge, it appears that the law on the aspect of grant of benefits arising out of the Government Resolution dated 17/10/1988 is no more res integra in view of the decision of the Supreme Court in the case of State Of Gujarat &

NEUTRAL CITATION

C/LPA/648/2025 ORDER DATED: 31/07/2025

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Ors vs Pwd Employees Union & Ors [AIR ONLINE 2013 SC 591] and therefore, when the petitioners are claiming benefits under the Government Resolution dated 17/10/1988, cannot be relegated for availing the remedy under the ID Act. We have also noticed that in fact the petitioners in their writ petitions have relied upon the various judgment of this Court; including the Division Bench and the Supreme Court for grant of benefits arising out of the Government Resolution dated 17/10/1988.

3. Learned AGP Ms.Verma for the respondent - State has submitted that in fact the appellants are already granted the benefits of the Government Resolution dated 17/10/1988 and only issue which remains to be examined is with regard to the payment of benefits as per the 7 th Pay Commission and therefore, she would submit to pass appropriate order.

4. In light of the aforesaid situation, the captioned appeals are allowed. The impugned order passed in the captioned writ petitions by the learned Single Judge is quashed and set aside and the matter is remanded to the learned Single Judge for a fresh hearing. Registry shall list the captioned petitions before the Bench assigned such roaster.

(A. S. SUPEHIA, J)

(R. T. VACHHANI, J) sompura / 53