IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5556 of

2025 In F/LETTERS PATENT APPEAL/31206/2025 In R/SPECIAL CIVIL APPLICATION/10203/2020 With F/LETTERS PATENT APPEAL NO. 31206 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 10203 of 2020 With R/CIVIL APPLICATION NO. 5541 of 2025 In F/LETTERS PATENT APPEAL NO. 30369 of 2025 With F/LETTERS PATENT APPEAL NO. 30369 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 10196 of 2020 With R/CIVIL APPLICATION NO. 5545 of 2025 In F/LETTERS PATENT APPEAL NO. 30371 of 2025 With F/LETTERS PATENT APPEAL NO. 30371 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 10206 of 2020 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA ==========================================================

Approved for Reporting Yes No ✓

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STATE OF GUJARAT Versus ARJUN HIRABHAI PAGI & ANR.

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Appearance:

MS SHRUTI DHRUVE, AGP for the Applicant(s) No. 1 MR PARESH J BRAHMBHATT(9788) for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 11/02/2026

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1.Heard learned Assistant Government Pleader Ms. Shruti Dhruve for the applicant-appellant and learned advocate Mr.Paresh J. Brahmbhatt for the respondent.

2.Civil Application No.5556 of 2025 is filed with a prayer to condone delay of 1082 days caused in filing Letters Patent Appeal by the applicant State whereas Civil Application No. 5541 of 2025 and Civil Application No.5545 of 2025 are filed with a prayer to condone delay of 1071 days caused in filing the respective Letters Patent Appeals by the applicant State.

3.Learned AGP Ms. Dhruve submitted that the impugned common judgment and order was passed on 20.09.2022 in the respective petitions wherein the learned Single Judge dismissed the petitions filed by the State confirming the order of the learned Labour Court for reinstatement of the respondent workman.

4.It was submitted that legal opinion of the concerned Assistant Government Pleader was sought by the Deputy Executive Engineer by letter dated 23.09.2022. The opinion was rendered by the concerned Assistant Government Pleader on 20.10.2022 which was received by the applicant on 01.11.2022 and thereafter proposal was sent by the office of the Executive Engineer to the office of the Superintendent Engineer, Kadana Division No.1, along with relevant papers on 12.11.2022 who in turn forwarded the proposal to Section Officer, Narmada Water Resources, Water Supply and Kalpasar Department on

07.12.2022.

5.By letter dated 02.03.2022, office of the Executive Engineer was informed to file Letters Patent Appeal in Special Civil Application No.4120 of 2020 being one of the matters in the group of matters preferred by the State as well as the concerned workman.

6.It was submitted that the documents for filing appeal in Special Civil application No.4120 of 2020 were submitted to the office of the Government Pleader, High Court of Gujarat on 16.03.2023 as approval to file appeal was only in reference to Special Civil Application No.4120 of 2020.

7.It was submitted that thereafter office of the Executive Engineer forwarded the proposal to prefer Letters Patent Appeals in such group matters being Special Civil Application Nos.10203/2020, 10206/2020, 10196/2020 and 10198/2020 on 12.06.2023 which in turn was forwarded by the Superintendent Engineer to Narmada Water Resources, Water Supply and Kalpasar Department on 21.06.2023.

8.It was submitted that Narmada Water Resources, Water Supply and Kalpasar Department asked the Executive Engineer to do the needful to file Letters Patent Appeals after correcting the first approval of preferring Letters Patent Appeal in Special Civil Applica