Gujarat High Court
Dhulabhai Fatabhai Damor vs State Of Gujarat on 26 September, 2025
NEUTRAL CITATION
C/SCA/4786/2020 ORDER DATED: 26/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4786 of 2020
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DHULABHAI FATABHAI DAMOR & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR DIPAK R DAVE(1232) for the Petitioner(s) No. 1,2,3
MR ADITYA DAVDA , ASST. ADVANCE COPY SERVED TO
GOVERNMENT PLEADER/PP for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 26/09/2025
ORAL ORDER
1. Present petition is filed with the following reliefs:
A) This Hon'ble Court may be pleased writ of certiorari to issue
a and/or a writ in the nature of certiorari and/or any other
appropriate writ, order or direction to
(i) Hold and declare the action on part of the respondents more
particularly of respondent No.3 in not complying with the
awards of the Labour Court at to the petition Annexure-B and
passing order dated 09.11.2019 contrary to the said awards as
illegal, unjust, arbitrary and may be to further direct pleased
respondent Nos. 1 to 3 to immediately reinstate the petitioners
in service with continuity of service by extending benefits of
Government Resolution dated 17.10.1988;
(ii) and hold declare that the petitioners are entitled to the
benefits of Government Resolution dated 17.10.1988 after
completion of 10 years of service i.e. 1997 in case of petitioner
Nos. 1 and 2 and 2002 in the case of petitioner No.3 and
NEUTRAL CITATION
C/SCA/4786/2020 ORDER DATED: 26/09/2025
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further may be pleased to direct the Nos. 1 respondent extend
the to 3 to benefits of permanent employee including regular
pay-scale to the petitioners;
(iii) direct respondent Nos.1 to 3 to regular pay pay and salary
to the petitioners after awards dated 20.09.2019 of the Labour
Court;
(iv) hold and declare that action on part of the No.4 in not
respondent initiating action for breach of award against
respondent No.3 as illegal, unjust and further may be pleased to
direct the said respondent to immediately take stern and
immediate action against respondent No.3 for breach of award;
(B) Pending the admission, hearing and final disposal of this
petition, this Hon'ble Court may be pleased to direct the
respondent Nos.1 to 3 to reinstate the petitioners in service by
extending benefits of Government Resolution dated 17.10.1988;
(C) Any other and further relief reliefs to which this or Hon'ble
Court deemed fit, in the interest of justice; may kindly be
granted."
2. During the pendency of the petition the petition filed by
the State being Special Civil Application No.12095 of
2020 and allied matters were dismissed by this Court
vide judgment dated 12.08.2025.
3. It is an undisputed fact that the petitioner No.1 has been
reinstated pursuant to the award passed by the learned
labour Court and retired also and the petitioner Nos.2 and
3 are still in the service.
4. Considering the above facts, the respondent is directed
to examine the case of the present petitioner grant the
benefit of G.R.dated 17.10.1988 more particularly in view
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C/SCA/4786/2020 ORDER DATED: 26/09/2025
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of the decision rendered by the Apex Court rendered in
the case of THE STATE OF GUJARAT vs. PWD AND
FOREST EMPLOYEES UNION & ORS. reported in
(2013) 12 SCC 417 and (2019) 15 SCC 248, this
petition is disposed of.
5. It is expected from the respondent to take the decision
preferably within a period of four weeks from today.
(M. K. THAKKER,J)
M.M.MIRZA
