IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 11458 of 2025 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Sd/-

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

MAHESH ALIAS MAHENDRABHAI KARSHANBHAI VALA Versus DEPUTY CONSERVATOR OF FOREST & ANR.

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Appearance:

MR KRUNAL D PANDYA(3283) for the Petitioner(s) No. 1 MS AGNEYA MANKAD AGP for the Respondent(s) No. 1,2 ================================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 17/03/2026

ORAL JUDGMENT

1. By the present writ petition, the petitioner is praying for the following reliefs:-

“9(A) THIS HONOURABLE COURT may be pleased to admit and allow this petition;

(B) THIS HONOURABLE COURT may be pleased to quash and set aside the order passed by the Ld. Labour, Jungadh, dated 01/02/2019, qua "BACKWAGES" and "CONTINUITY OF SERVICE" only and direct the respondent to pay full back wages to the petitioner and grant continuity of service, and to direct the respondent authority to comply the award reinstate the petitioner on the original post.

(C) THIS HONOURABLE COURT may be pleased to pass the order or direct or direction to the respondents to pay the amount of Rs. 3,32,511-00 as per order passed by the Ld. Labour Court, Junagadh, in Recovery Application No. 44/2023 in Reference Case No. 1/2018, forthwith during the pending petition.

(D) Be pleased to pass such other and further relief in favor of the petitioner that is just, fit and expedient in the facts and circumstances of the case;”

2. It is the case of the petitioner that he was engaged as a Daily Wage Watchman with the respondents. That the service of the petitioner came to be terminated on 12.08.2014 without following any due procedure of law. The petitioner thereafter filed a reference under Section 10(1) of the Industrial Disputes Act, 1947 before the learned Labour Court, Junagadh. After leading evidence and considering the arguments, learned Labour Court was pleased to pass the award dated 01.02.2019. The petitioner is aggrieved by the portion of the award whereby the reinstatement has been ordered without any back wages as well as continuity of service.

3. The learned advocate for the petitioner submits that once the termination of the petitioner has been held to be illegal, back wages and continuity of service are required to be awarded to the workman. He submits that it is settled legal position that once the workman is directed to be reinstated in service upon setting aside the order of termination, then the continuity of service and back wages ought to be granted. He submits that the petitioner has also placed on record the fact that he was not in any gainful employment during the pendency of the reference before the learned Labour Court. That after earnest attempts to search for work, the petitioner workman could not get any employment. The learned advocate for the petitioner submits that the learned Labour Court has not assigned any reasons for not awarding back wages and the same is required to be considered in favour of the petitioner. The learned counsel submits that though the award was passed on 01.02.2019, the petitioner came to be reinstated only in the year 2023. He submits that the petitioner was made to file recovery application for recovery of his wages post the award and was reinstated with great difficulty.

3.1 In support of his contention, learned advocate for the petitioner relies upon the judgment of the Hon’ble Apex Court in Civil Appeal No.6188 of 2019 rendered on 21.08.2019 whereby it has been held that in case the back wages are denied, then the Court can also award lump sum compensation in lieu of back wages. He, therefore, submits that the present Special Civil Application be allowed and the petitioner be granted back wages and r