GUJARAT AYURVED UNIVERSITY Vs. KIRIT H. DERVARIYA

JUDGEMENT

(1.) This Letters Patent Appeal under Clause-15 of the Letters Patent has been preferred by the Gujarat Ayurved University (hereinafter to be referred to as "the university"), assailing the correctness of the judgment and order dated 26th November, 2019 passed by the learned Single Judge whereby Special Civil Application No. 10441 of 2017 filed by the university was dismissed.

(2.) The respondent No.1 Kirit H. Dervariya had worked with the university from 15.06.1991 to 06.09.1992 as Pump Operator cum Electrician. As the services of the respondent No.1 were discontinued, he approached the Labour Court by way of Reference, which was registered as Reference (LCJ) No. 386 of 1993. The Labour Court, vide award dated 26.03.2004, partly allowed the reference and directed for reinstatement of the respondent No.1, however, without back wages. Pursuant to the said award, the university is said to have appointed the respondent No.1 by way of order dated 18/19.05.2004 as daily wage labourer and later on on 04/06.02.2008, he was given an appointment as Pump Operator cum Electrician. The respondent No.1 has since been working continuously and is said to have superannuated some time in 2018. In the meantime, as he was being continued as daily wager, the respondent No.1 raised another dispute before the Industrial Tribunal, Jamnagar registered as Reference (IT) No. 183 of 2012 claiming regularization. The said reference came to be partly allowed vide award dated 23.08.2016. The Industrial Tribunal granted regularization to the respondent No.1 upon completion of 240 days, however, the continuity etc. was only notional, with no financial benefits till the date of the award.

(3.) Aggrieved by the said award dated 23.08.2016 of the Industrial Tribunal, Jamnagar, the university through its Registrar preferred Special Civil Application No. 10441 of 2017. The Special Civil Application has since been dismissed by the learned Single Judge vide judgment and order dated 26.11.2019 giving rise to the present appeal.