IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15130 of 2020 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ==============================================================

Approved for Reporting Yes No ==============================================================

KALUBHAI DHULABHAI BAMANIYA Versus DEPUTY EXECUTIVE ENGINEER & ANR.

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Appearance:

MR DIPAK R DAVE(1232) for the Petitioner(s) No. 1 MS SWEETY SAMARA AGP for the Respondent(s) No. 1,2 ==============================================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK Date : 04/12/2025

ORAL JUDGMENT

1. Present petition is filed by the petitioner workman under Articles 14, 21, 226 and 227 of the Constitution of India read with the provisions of the Industrial Disputes Act, 1947 against the impugned award dated 18.05.2018 passed by the Labour Court, Godhra in Reference (T) No. 338 of 1999 with below mentioned relief/s:-

“(A) A writ of certiorari and/or a writ in the nature of certiorari and / or any other appropriate writ, order of direction be issued to quash and set aside impugned award dated 18.05.2018 passed by Labour Court, Godhra, in Reference (T) No.338 of 1999 qua not allowing the Reference of the petitioner in full and further may be pleased to direct the respondents to reinstate petitioner in service with continuity and pay full back wages and all consequential benefits to the petitioner until the date of his retirement and after the date of retirement, petitioner may be held entitled to all the retirement benefits including pension, gratuity, leave encashment and other retirement benefits treating petitioner's service continuous;

(B) Pending the admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to direct respondents to confer pensionary benefits to the petitioner since the petitioner has reached age of superannuation.

(C) Any other and further relief or reliefs to which this Hon’ble Court deemed fit, in the interest of justice, may kindly be granted."

2. Heard Dipak R. Dave, learned Counsel for the petitioner and Ms. Samara, learned Assistant Government Pleader for the respondent.

3. Mr. Dipak R. Dave, learned Counsel for the petitioner submits that in case of the similarly situated workmen, who have terminated by the respondent employer, serving in the same irrigation department, this Court vide order dated 14.2.2020/20.1.2020 allowed Special Civil Application No. 22362 of 2019 and allied petitions and granted benefits to the concerned workmen. It is submitted that in the similar cases of very department at very canal division in Special civil Application No.2205 of 2023, this court has while modifying award of lumpsum compensation granted relief of considering the service of the employee as continuous until he reached age of superannuation. Mr. Dave, learned Counsel for the petitioner has submitted that though the Labour Court has observed that the respondent has not produced any documents however, Labour Court has not considered this fact and therefore, while passing the impugned award the Labour Court has committed serious error and therefore, the impugned award passed by the Labour Court is erroneous, unjust, illegal. Mr. Dave, learned Counsel for the petitioner has submitted that the Labour Court has observed that all the issues are proved by the petitioner by material and cogent evidence however, merely on conjectures and surmises that the petitioner reached to the age of superannuation, the Labour Court has awarded lumpsum compensation to the tune of Rs.2,00,000/- which is bad in law and not in consonance with the settled legal principle.

3.1 Mr. Dave, learned Counsel for the petitioner, in support of his submissions, relied upon and referred to the decisions of the coordinate bench of this Court in Special Civil Application No.22362 of 2019 and allied petitions, Special Civil Applicatio