IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 123 of 2026 In CIVIL APPLICATION (FOR DIRECTIONS ) NO. 1 of 2023 In R/SPECIAL CIVIL APPLICATION/7823/2017 With CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2026 In R/LETTERS PATENT APPEAL NO. 123 of 2026 With R/LETTERS PATENT APPEAL NO. 124 of 2026 In CIVIL APPLICATION (FOR DIRECTIONS ) NO. 1 of 2023 In R/SPECIAL CIVIL APPLICATION NO. 7784 of 2017 With CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2026 In R/LETTERS PATENT APPEAL NO. 124 of 2026 With R/LETTERS PATENT APPEAL NO. 125 of 2026 In CIVIL APPLICATION (FOR DIRECTIONS ) NO. 1 of 2023 In R/SPECIAL CIVIL APPLICATION NO. 7854 of 2017 With CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2026 In R/LETTERS PATENT APPEAL NO. 125 of 2026 With R/LETTERS PATENT APPEAL NO. 126 of 2026 In CIVIL APPLICATION (FOR DIRECTIONS ) NO. 1 of 2023 In R/SPECIAL CIVIL APPLICATION NO. 7855 of 2017 With CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2026 In R/LETTERS PATENT APPEAL NO. 126 of 2026 With R/LETTERS PATENT APPEAL NO. 127 of 2026 In CIVIL APPLICATION (FOR DIRECTIONS ) NO. 1 of 2023 In R/SPECIAL CIVIL APPLICATION NO. 7914 of 2017 With CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2026 In R/LETTERS PATENT APPEAL NO. 127 of 2026 ==========================================================

DEPUTY EXECUTIVE ENGINEER Versus SURESHBHAI SOMABHAI DABHI & ANR.

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Appearance:

MR MB GOHIL(2702) for the Appellant(s) No. 1 MS VAISHNAVI VERMA, AGP for the Respondent(s) No. 2 MR MUKESH H RATHOD(2432) for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 13/02/2026

ORAL ORDER

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

1. Heard learned advocate Mr. M.B.Gohil for the appellant, learned advocate Mr. Mukesh Rathod for respondent No.1 and learned Assistant Government Pleader Ms. Vaishnavi Verma for respondent No.2.

2. These appeals are filed under Clause 15 of the Letters Patent,1865 being aggrieved by the common order dated 28.10.2024 passed by the learned Single Judge in Civil Applications filed by the respondents with a prayer to grant wages under section 17B of the Industrial Disputes Act, 1947 (For short ‘the ID Act’) on the ground that the respondents were not gainfully employed in any establishment and they are unemployed during the pendency of the Special Civil Applications filed by the appellant being aggrieved by the common Judgement and Award passed by the Labour Court granting relief of reinstatement along with continuity of service and 50% backwages for the interregnum period i.e. from the date of termination till date of the reinstatement.

3. Learned Single Judge, by common order dated 28.10.2024 passed in these Civil Applications directed the appellant to comply with the provision by granting benefits under section 17B of the ID Act from the date of filing of Civil Applications i.e. from 15.03.2023 onwards only to the employees who have filed the affidavit along with the Civil Applications under section 17B of the ID Act.

4. The learned Single Judge, while passing the aforesaid order, has observed as under:

“3. Considering the submission made by both the parties and averments made in the application as well as in the reply filed by the opponent wherein, with regard to gainful employment no incriminating evidence placed along with affidavit. The submission of learned advocate Mr.Bhatt that in absence of any details with regard to the address it would be difficult for the opponent herein to verify the details. However, no such contentions in raised in the reply which is filed on 04.05.2023, even after 04.05.2023 though, more than six months has been passed but till date no controverting material was placed before this Court to show that applicants are gainfully employed elsewhere.

4. At this stage object of section 17B is required to be kept in