DEPUTY EXECUTIVE ENGINEER v. KUBERBHAI KANJIBHAI

From the Judgment and Order dated 05.12.2007 of the High Court of Gujarat at Ahmedabad in Special Civil Application No. 19622 of 2007. Ms. Jesal Wahi, Ms. Hemantika Wahi, Advs. for the Appellant. Aniruddha P. Mayee, Chirag Jain, A. Selvin Raja, Advs. for the Respondent. The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. This appeal is directed against the final judgment and order dated 05.12.2007 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No.19622 of 2007 whereby the High Court dismissed the petition filed by the appellant herein.

#2. By impugned order, the High Court upheld the award dated 09.05.2007 passed by the Labour Court, Surendranagar in LCS No.120/ 1994 and directed the appellant (State) herein to reinstate the respondent (worker) without awarding to him any back wages. Against this order, the State felt aggrieved and filed the present appeal by way of special leave before this Court.

#3. It is the case of the respondent (worker) that he rendered his services in the R & B Department of the State (Surendranagar) as a daily wager for 18 years but his services were brought to an end by the E F G H DEPUTY EXECUTIVE ENGINEER v. KUBERBHAI KANJIBHAI [ABHAY MANOHAR SAPRE, J.] 65 State without following the due procedure prescribed in law. However, the case of the State was that the respondent(worker) worked hardly for 2 years from 1979 to 1981 and that too intermittently and hence he was not entitled to claim any relief of either reinstatement or other relief under the labour laws.

#4. After almost 15 years of his alleged termination, the respondent raised a dispute before the Labour Court, Surendranagar (LCS No.120/ 1994) questioning the legality and correctness of his termination.

#5. By award dated 09.05.2007, the Labour Court directed reinstatement of the respondent in State services but without awarding any back wages to him.

#6. The State, therefore, felt aggrieved and filed writ petition in the High Court of Gujarat at Ahmedabad. By impugned order, the High Court dismissed the writ petition and upheld the award of the Labour Court which has given rise to filing of the present appeal by way of special leave by the State through its Authority before this Court.

#7. Heard Ms. Jesal Wahi, learned counsel for the appellant and Mr. A.P. Mayee, learned counsel for the respondent.

#8. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal in part and modify the impugned order to the extent indicated infra.