Gujarat High Court
Vinodbhai Trikambhai Vaghela vs Narmada Yojna Vitran Bandh Vartul on 10 July, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/LPA/306/2025 ORDER DATED: 10/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 306 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 7099 of 2018
With
CIVIL APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 1 of 2025
In R/LETTERS PATENT APPEAL NO. 306 of 2025
==========================================================
VINODBHAI TRIKAMBHAI VAGHELA
Versus
NARMADA YOJNA VITRAN BANDH VARTUL & ANR.
==========================================================
Appearance:
MS ANURADHA G RATHOD(7717) for the Appellant(s) No. 1
MR GK RATHOD(2386) for the Appellant(s) No. 1
MS DILBUR CONTRACTOR(6388) for the Respondent(s) No. 1
MR NILAY H PATEL(7856) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 10/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. ADMIT. Ms. Dilbur Contractor and Mr. Nilay H. Patel, learned
advocates for the respondent No.1, waive service of notice.
2. The present appeal emanates from the impugned judgment and
order dated 23.06.2022 passed by the learned Single Judge in the
captioned writ petition, wherein the learned Single Judge has modified
the award of the Labour Court directing the reinstatement of the appellant
- original workman to that of compensation of Rs.5,00,000/- (Rupees
Five Lakhs), for the reason that the appellant - original workman is of 51
years of age.
NEUTRAL CITATION
C/LPA/306/2025 ORDER DATED: 10/07/2025
undefined
2. During the pendency of the present Letters Patent Appeal, we had
passed orders calling upon the present respondents to point out the status
of the other daily wagers, who were working alongwith the present
appellant - original workman. Accordingly, for the same, the details are
provided. In the order dated 07.07.2025 passed by this Court, we had
referred to three daily wagers, who are working with the present appellant
- original workman. They were all terminated and the termination
culminated into the reference proceedings and were reinstated with
continuity of service.
3. Pursuant to the order dated 07.07.2025, Ms. Dilbur Contractor,
learned advocate for the respondent No.1 has supplied the details of the
employees who are employed with the present appellant. Learned
advocate for the respondent No.1 has also fairly pointed out the further
orders conferring the benefits arising from the Government Resolution
dated 17.10.1988 issued in the case of one of the colleagues of the present
appellant viz. Shantanu Khumanbhai Ninama.
4. It is not in dispute that the daily wagers working under the various
departments of the State of Gujarat are conferred the benefits of
Government Resolution dated 17.10.1988 for completing 5, 10 or 15
years of requisite service. After completion of 5, 10 or 15 years of
requisite service, the daily wager is conferred the benefit of regular pay-
scale. The aforesaid Government Resolution has been threadbare
considered by the Supreme Court in the case of State of Gujarat and
others vs PWD Employees Union and others, 2013 (2) G.L.H. 692.
One of the colleagues of the appellant is also extended the benefit of
regular pay after reinstatment.
NEUTRAL CITATION
C/LPA/306/2025 ORDER DATED: 10/07/2025
undefined
5. In the light of the aforesaid facts, the order passed by the learned
Single Judge altering the reinstatement alongwith the compensation only
for the reason that the appellant is of 51 years of age deserves to be
quashed and set aside. It is not in dispute that the termination of the
appellant has been found in violation of Sections 25F, 25G and 25H of
the Industrial Disputes Act, 1947. The said fact is also recognized by the
learned Single Judge. It is settled legal precedent that in case, the
termination of a daily rated employee is found to be in violation of the
provisions of Sections 25F, 25G and 25H of the Industrial Disputes Act,
1947, the appropriate relief, that has to be granted is reinstatement.
6. Under the circumstances, we confirm the award dated 29.06.2017
passed by the Labour Court, Vadodara in Reference (LCB) No.364 of
1996 and set aside the judgment and order dated 23.06.2022 passed by
the learned Single Judge in Special Civil Application No.7099 of 2018.
We direct that the award of the Labour Court shall be implemented and
the the respondent No.1 shall reinstate the appellant - original workman
to his original post within a period of 6 weeks from the date of receipt of
a copy of the present order. Civil Application is disposed of accordingly.
Sd/- .
(A. S. SUPEHIA, J)
Sd/- .
(R. T. VACHHANI, J)
MVP/3
