[Cites 6, Cited by 0]
Gujarat High Court
Kamdhenu University vs Jamnagar District Mazdoor Sangh on 5 February, 2026
NEUTRAL CITATION
C/SCA/16044/2025 ORDER DATED: 05/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16044 of 2025
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KAMDHENU UNIVERSITY & ANR.
Versus
JAMNAGAR DISTRICT MAZDOOR SANGH & ANR.
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Appearance:
MR SHIVANG THACKER FOR MR AR THACKER(888) for the Petitioner(s)
No. 1,2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 05/02/2026
ORAL ORDER
1. Present petition is filed by the petitioner under Articles 226
and 227 of the Constitution of India read with the provisions of
the Industrial Disputes Act, 1947 seeking following reliefs:
"(A) To admit and allow this petition.
(B) To issue a writ of certiorari or a writ in the nature of
certiorari, or a writ in the nature of mandamus, or any other
appropriate writ, order or direction, quashing and setting aside
the judgment and award dated 5.4.2023 passed by the
Presiding Officer, Industrial Tribunal, Jamnagar in
Ref.No.IT/32/2018 and further be pleased to reject the said
reference with costs althroughout.
(C) Pending admission, hearing and final disposal of the above
Special Civil Application to stay the execution, implementation
and operation of the judgment and award dated 5.4.2023
passed by the Presiding Officer, Industrial Tribunal, Jamnagar in
Ref.No.IT/32/2018.
(D) The Hon'ble Court may kindly be pleased to grant any other
appropriate relief as the nature circumstances of the case may
require."
NEUTRAL CITATION
C/SCA/16044/2025 ORDER DATED: 05/02/2026
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2. Brief facts giving rise to the present petition are that,
workman-Gagubhai Pitambarbhai Dhayani was working with the
petitioner since 21.06.1994 as a temporary labourer on
temporary basis and getting salary as per the work done by him
on daily basis and that, he had completed 3 years of service. On
completion of 3 years the workman had demanded to be
regularized as a Class-IV employee with regular salary. That, the
workman had raised disputed under Sec. 10(1) of the ID Act.
However, upon failure of conciliation the dispute was referred to
the Industrial Tribunal, Jamnagar for adjudication which came to
be registered as Ref.No.IT/32/2018. That, petitioner no.2 had
appeared before Industrial Tribunal, Jamnagar and filed reply at
Ex.22. That, petitioner no.2 had contended that they do not fall
in the definition of industry' and therefore the provisions of The
Industrial Disputes Act, 1947 are not applicable and therefore,
reference is not competent. That, the workman had not
completed 240 days during his service period and the post which
he claimed did not exist in the set up of the University. That, the
workman had not entered in the service through employment
exchange and it is back door entry. That, the Presiding Officer,
Industrial Tribunal, Jamnagar vide judgment and award dated
05.04.2023 passed in Ref.No.IT/32/2018 had partly allowed the
said reference and directed that the services of Gagubhai
Pitambarbhai Dhayani be regularized as field man and if there
was no post of field man, then he should be adjusted in Class-IV
equivalent post and be given all the benefits which are available
to regular employees. The Industrial Tribunal further held that
the workman was entitled to seniority and retirement benefits
like pension, gratuity etc.
NEUTRAL CITATION
C/SCA/16044/2025 ORDER DATED: 05/02/2026
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3. Being aggrieved and dissatisfied with the impugned award
dated 05.04.2023 passed by the Industrial Tribunal, the
petitioner has preferred the present petition.
4. Heard Mr. Shivang Thacker on behalf of Mr. AR Thacker,
learned counsel for the petitioner. Perused the material available
on record.
5. Mr. Thacker, learned counsel submits that pending
reference before the Tribunal, the Kamdhenu University Act,
2020 was enacted and as per the provision of sec. 68 of " the
Kamdhenu University Act, 2020" (hereinafter referred to as
Act,2020), the employees of the petitioner University are
governed by the rules of Gujarat Civil Service Rules, 2002 and
not under the provisions of the ID Act, 1947 and therefore, the
Tribunal has no jurisdiction to decide the case of the "Kamdhenu
University Act, 2020". He has submitted that as per the Act,
2020, any employee transferred to petitioner University would be
governed by Gujarat Civil Service Rules of 2002 and therefore, it
was the duty of the Tribunal to transfer the reference to the
Gujarat Civil Services Tribunal since the provisions of sec. 68 of
the Act, 2020 are applicable to the facts of the present case. He
has submitted that the workman was not appointed on regular
post in the University and therefore, his services could not be
regularized. He has submitted that the present petitioner was
not joined as a party to the proceedings before the Tribunal.
However, the Tribunal has passed the impugned award without
considering the same. Therefore, Mr. Thacker, learned counsel
has urged that appropriate orders may be passed.
NEUTRAL CITATION
C/SCA/16044/2025 ORDER DATED: 05/02/2026
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6. It appears that the impugned award was required to be
implemented by the petitioner but petitioner was not a party to
the proceedings before the Tribunal and during the pendency of
the reference the subsequent development took place that by
virtue of the notification which came into force in 2020 and then
the relevant notification with regard to the implementation of the
Act was published on 12.10.2020, however, without considering
the same and without pointing out this fact before the Tribunal,
the impugned award is passed by the Tribunal.
7. Considering all these aspects, the implementation and
execution of the awrad is hereby stayed. The petitioner shall file
an application before the Tribunal by pointing out all the
subsequent events and facts before the Tribunal. After hearing
all the concerned parties, the Tribunal is directed to decide the
application afresh after giving proper opportunity. With above
observation and direction, the petition is disposed of.
(HEMANT M. PRACHCHHAK,J)
ANUSRI
