IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 20987 of 2023 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE NIRZAR S. DESAI =====================================================

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

AMRUT RAMJIBHAI PARMAR Versus VADODARA MAHANAGAR SEVA SADAN =====================================================

Appearance:

PRIYANK S DAVE(9465) for the Petitioner(s) No. 1 MR MAULIK NANAVATI for NANAVATI & CO.(7105) for the Respondent(s) No. 1 =====================================================

CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 12/03/2026 ORAL JUDGMENT

1. Heard the learned advocate Mr. Priyank Dave for the petitioner and the learned advocate Mr.

Maulik Nanavati for the respondent.

2. With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing. Hence, RULE. Learned advocate Mr. Maulik Nanavati waives service of Rule on behalf of the respondent.

3. By way of the present petition, the petitioner has prayed for the following reliefs:

“(a) This Hon’ble Court be pleased to admit and allow the present petition;

(b) This Hon’ble Court be pleased to issue a writ of mandamus or a writ, order or direction in the nature of mandamus commanding the Vadodara Mahanagar Seva Sadan to regularize the services of the petitioner with effect from the date on which he completed 720 days of employment in 03 years with the Corporation as ordered by the Industrial Tribunal in its award dated 19.12.1983 ‘Ann:A’ passed in Reference (I.T.) No. 446 of 1981 and not from 28.06.2004 ‘Ann:B’ as has been done by the Corporation, and further grant all consequential service benefits;

(c) This Hon’ble Court be pleased to issue a writ of certiorari or a writ, order or direction in the nature of certiorari quashing and setting aside the order dated 28.06.2004 ‘Ann:B’ passed by the Vadodara Mahanagar Seva Sadan to the extent it determines the date of regularization of service as 28.06.2004 ‘Ann:B’ for petitioner, and direct the Vadodara Mahanagar Seva Sadan to pass a fresh order fixing the date of regularization of services of petitioner as one on which they completed 720 days of work with the Corporation and further order grant of all consequential monetary and other service benefits;

(d) Pending admission, hearing and final disposal of this petition, this Hon’ble Court may be pleased to grant interim relief in terms of Prayer (a) above;

(e) Any other order or orders in favour of the petitioner as this Hon’ble Court deems fit and proper in the fact and circumstances of the case.”

4. It is the case of the petitioner that he joined the services of the respondent as a daily wager in the year 1997 and has worked for more than 720 days, i.e., three years continuously, with the Corporation by the year 2002. As per Reference (I.T.) No. 446 of 1981, the Industrial Tribunal passed an award dated 19.12.1983, whereby it was declared that upon completion of 720 days of service as a daily wager within a period of three years, the concerned workman would be entitled to regularization of his services.

5. According to the petitioner, he has completed 720 days of service within a continuous period of three years and, therefore, in view of the aforesaid award of the Industrial Tribunal, he was entitled to regularization. According to the petitioner, he completed 720 days and three years of employment with the respondent–Corporation on 31.12.2001. However, the petitioner was regularized with effect from 28.06.2004 instead of 01.01.2002.

6. Learned advocate Mr. Priyank Dave submitted that on a similar issue there are a catena of decisions, and three such decisions have been annexed to the present petition, whereby under a similar set of facts the benefit of regularization was granted to the concerned workman from the date on which he completed 720 days and three years of continuous service. Learned advocate Mr. Priyank Dave relied