Gujarat High Court

Mohanbhai Zanzabhai Nandha(Deceased) vs State Of Gujarat on 9 May, 2025

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                           C/SCA/6272/2019                                  JUDGMENT DATED: 09/05/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/SPECIAL CIVIL APPLICATION NO. 6272 of 2019


                      FOR APPROVAL AND SIGNATURE:


                      HONOURABLE MR.JUSTICE D.N.RAY

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                                   Approved for Reporting                  Yes           No

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                                  MOHANBHAI ZANZABHAI NANDHA(DECEASED) & ORS.
                                                     Versus
                                            STATE OF GUJARAT & ORS.
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                      Appearance:
                      DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
                      for the Petitioner(s) No. 1
                      MR NILESH M SHAH(780) for the Petitioner(s) No. 1.1,1.2,1.3,1.4,1.5
                      MS. DEVANSHIBA RANA, ASSISTANT GOVERNMENT PLEADER for the
                      Respondent(s) No. 1,2,3,4,5
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                         CORAM:HONOURABLE MR.JUSTICE D.N.RAY

                                                       Date : 09/05/2025

                                                       ORAL JUDGMENT

1. Heard learned advocate Mr. Nilesh M. Shah for the Petitioners

and learned Assistant Government Pleader Ms. Devanshiba

Rana for the Respondents.

2. Since the controversy involved is short, with the consent of the

learned advocates for the respective parties, the matter is taken

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up for hearing.

3. The brief facts of the case are as under:-

3.1. That one Mohanbhai Zanzabhai Nandha came to be

employed as Daily wager Watchman by the Respondent no. 4

since 01.08.1991 (hereinafter referred to as the Workman). It

was the case of the workman before the learned Labour Court in

Reference (LCS) No. 203 of 1992 that insipte of rendering

continuous service, he had been illegally terminated, orally.

Eventually, learned Labour Court at Surendranagar by award

dated 16.04.1994 reinstated the workman with 25% back-

wages.

3.2. It is the case of the workman that after actual joining back

in service on 09.07.1999 (the date of reinstatement following

the order dated 16.04.1994 of the Labour Court), the workman

had been in continuous employment of the Respondent no. 4

and eventually superannuated on 15.11.2014.

3.3. The Respondent no. 3 by order dated 31.03.2015 without

considering the past service from 01.08.1991 to 28.10.2010 and

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without granting the benefit of Government Resolution dated

17.10.1988 had not given the workman, the benefits, he would

have been otherwise entitled to. Accordingly, the workman had

issued a legal notice to the Respondents on 17.12.2018 and the

present writ petition was filed under Article 226 of the

Constitution of India, seeking the following reliefs:-

"(A) to issue writ of certiorari and/or any other writ or writs or orders or directions.

(B) to quash and set aside order dt.31-03-15, Ann- C passed by Respondent No. 3 to the extent of not granting benefit of Resolution dt. 17-10-88, Ann - C from 01-08-96.

(C) to direct the Respondents to give the benefit of Resolution dt. 17-10-88, Ann-C to the Petititioner with effect from 01-08-

96 to 15-11-14 with 100% difference of salary.

(D) to direct the Respondent to grant retirement benefits like Pension, Gratuity and Leave encashment of 300 days to the Petitioner considering total 22 years continuous service with 12% interest from 16-11-14 till its actual implementation.

(E) During the pendency of this petition by way of interim relief to direct the Respondents to consider the notice of the Petitioner, Annexure - E for giving benefit of Resolution dt. 17-10-88, Annexure - C from 01-08-96.

(F) to grant any other relief as this Hon'ble Court may deems fit in the interest of justice.

(G) To allow this petition with costs."

4. Since, the workman died on 28.03.2024, the present

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proceedings are being continued by his legal heirs.

5. Learned advocate Mr. Nilesh M. Shah appearing for the

Petitioners submits that since the Labour Court had granted

reinstatement with 25% back wages, following Government

Resolution dated 17.10.1988, the workman ought to have been

granted the retiral benefits, considering the entire period of his

service from 01.08.1991 till his date of superannuation i.e.

15.11.2014 to be continuous. The aforesaid position and law is

now cast in stone following the various decisions of this Court

and the Hon'ble Supreme Court and therefore, the reliefs prayed

for by the Petitioners ought to be granted.

6. Per contra, learned Assistant Government Pleader Ms.

Devanshiba Rana appearing for the Respondent - State submits

that it will be apparent from the affidavit in reply on behalf of

the Respondent no. 3 and the chart at Annexure R-II at page no.

34 of the paper-book that for a number of years, the workman

had not completed 240 days of actual service in the concerned

years and therefore, there should be no occasion to grant retiral

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benefits based on "continuous service".

7. It is the specific case of the Respondents that only from the

August, 1992 till July, 1994 and thereafter, from August, 1998

till July, 2005 and subsequently from August, 2008 till July,

2013, it can be said that the workman had fulfilled the condition

of 240 days of actual service. Therefore, the Respondents have

correctly calculated the retiral benefits and there is no further

entitlement of the legal heirs who are the present petitioners.

8. Discussions and Findings:-

8.1. On perusal of the records before this Court, it is clear that

the Labour Court at Surendranagar by award dated 16.04.1994,

after considering the case of the workman alongwith five others

had specifically ordered the reinstatement of the workman with

continuity as well as 25% back wages.

8.2. It is an admitted position that the aforesaid decision of the

Labour Court had not been challenged by the Respondents and

therefore, had achieved finality. It is also uncontroverted that

pursuant to the aforesaid order, the workman was reinstated by

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the Respondents, albeit belatedly, on 09.07.1999. Therefore, the

argument of the Respondents that continuity of service cannot

be granted to the workman in view of the details of service, give

in the chart annexed at Annexure R-II at page no. 34 of the

paper book, cannot be countenanced. The aforesaid contention

was tkaen / deemed to have been taken before the learned

Labour Court and rejected. Hence, the same cannot be re-

agitated here.

8.3. In any case, the Government Resolution dated 17.10.1988

would even otherwise squarely apply to the workman's case and

the Respondents would be bound by the said Government

Resolution which has been repeatedly explained by this Court

as well as by the Hon'ble Apex Court.

8.4. In the recent decision of this Court dated 28.02.2025 passed

in Special Civil Application No. 16062 of 2020 in the case of

Allarakhiben Ismailbhai Qureshi (Deceased) and others V/s.

State of Gujarat and Others reported in 2025 GUJHC 11556, it

has been held as under:-

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"7. After decision of this Court in Special Civil Application No. 24629 of 2006, which came to be decided on 24.01.2013, the decision of the Hon'ble Apex Court in PWD Employees Union & others (supra) of 2013 and 2019 as well as the judgment and order of the Division Bench of this Court in Letters Patent Appeal No. 174 of 2017 came to be passed explaining the Government Resolution dated 17.10.1988 to the effect that once the employee's service is restored, then there shall be deemed continuity of such service. Therefore, order dated 24.01.2013 particularly paragraph No.6 thereof shall now be read as the present petitioners having been restored in service with continuity thereof"

9. In such view of the matter, all consequential benefits as prayed

for in the present petition are bound to be paid by the

Respondents to the present Petitioners. Accordingly, the present

petition succeeds. The order dated 31.03.2015 is hereby

quashed and set aside and the Respondents are directed to give

the workmen benefits of Government Resolution dated

17.10.1988 with effect from 01.08.1996 to 15.11.2014 with

100% difference of salary and also to grant the entire retiral

benefits like pension, gratuity and leave encashment to the

petitioners herein considering the total of 22 years of continuous

service. The Respondents shall also pay the interest on the

above from 16.11.2014 till the actual payment of said sum