Gujarat High Court

Mahuva Nagar Palika vs Bhavnagar Jilla Mazdoor Sangh on 9 May, 2025

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                                             NEUTRAL CITATION




                            C/MCA/1241/2025                                    ORDER DATED: 09/05/2025

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                               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/MISC. CIVIL APPLICATION (FOR RECALL) NO.1241 of 2025
                            In R/LETTERS PATENT APPEAL NO. 313 of 2025
                      =============================================
                                             MAHUVA NAGAR PALIKA
                                                      Versus
                                      BHAVNAGAR JILLA MAZDOOR SANGH & ORS.
                      =============================================
                      Appearance:
                      MS. SIDDHI VADODARIYA, ADVOCATE for
                      THAKKAR AND PAHWA ADVOCATES(1357) for the Applicant(s) No. 1
                      MR KAUSHAL H. PATEL, ADVOCATE for
                      KARTIK H BHATT(9313) for the Opponent(s) No. 1,2,4,5
                      =============================================
                       CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                               and
                               HONOURABLE MS. JUSTICE NISHA M. THAKORE
                                         Date : 09/05/2025
                                           ORAL ORDER

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

1. The present application has been filed seeking review and / or recall of the judgment and order dated 25.03.2025 passed in the captioned Letters Patent Appeal. The sole ground raised in the application is that, in the judgment dated 06.03.2018 passed in Letters Patent Appeal No.1036 of 2016 and a group of connected matters, the Coordinate Bench of this Court had directed that the benefits be granted from the date of the award i.e. from 04.07.2015. However, in the present case, the directions were issued to grant the minimum pay-scale benefits from 01.12.2012, which is also from the date of the award. It is submitted that such a discrepancy could cause significant resentment amongst the employees, as senior employees may receive lesser amounts compared to their juniors, leading to potential heartburn and inequity.

NEUTRAL CITATION

C/MCA/1241/2025 ORDER DATED: 09/05/2025

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2. We do not subscribe to the submissions advanced by learned advocate Ms.Siddhi Vadodariya, appearing for the applicant.

3. In Letters Patent Appeal No.1036 of 2016 and allied matters, the Coordinate Bench vide judgment and order dated 06.03.2018, directed that the employees of the applicant - Nagarpalika to confer the benefit of regular pay-scale from the date of the award dated 04.07.2015. At the time of adjudication of the captioned appeal, no specific contention relating to the heart burning due to fixation of pay-scale has been raised by the applicant - Nagarpalika. On the contrary, the appeal was disposed of on the statement made by the Nagarpalika in the captioned Letters Patent Appeal, how can there be heart burning amongst the employees. We had adopted the similar directions to that of the Coordinate Bench. Hence, the applicant - Nagarpalika has to extend the benefit of regular pay-scale from the date of award, i.e. from 01.12.2012 as directed by us. The right of the respondent employee and the employees who were parties before the Coordinate Bench in the group of appeals has accrued from the respective awards.

4. Accordingly, the present review application stands rejected.

                                                                                             Sd/-      .
                                                                                      (A. S. SUPEHIA, J)

                                                                                         Sd/-     .
                                                                               (NISHA M. THAKORE,J)
                      MAHESH/02