SURESHBHAI SANABHAI PAREKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India was filed initially challenging the orders dtd. 6/1/2014 and 11/7/2013 placed at Annexure-A and Annexure-B respectively, wherein the petitioner' s services were brought to an end as a driver with the office of the respondent-Panchayat office.

(2.) Learned advocate for the petitioner has taken this Court to the earlier round of litigation which includes an order passed by this Court in Special Civil Application No.13133 of 2013, which came to be disposed of by an order dtd. 1/10/2013. Pursuant thereto also, the petitioner was not reinstated in services and therefore, raised an industrial dispute which ultimately came to be allowed by judgment and award dtd. 23/10/2019 in Reference (T) No.01 of 2015 by the Presiding Officer, Labour Court, Godhara. It is also brought to the notice of this Court that the Labour Court award was a subject matter of challenge in Special Civil Application No.23013 of 2019 by the Taluka Development Officer(respondent No.3 herein), wherein the award of the Labour Court declaring the action on the part of the respondent to terminate the service of the petitioner as illegal and awarded 50% back-wages was confirmed. Even the challenge to the order passed in Special Civil Application No.23013 of 2019 is made by way of Letters Patent Appeal No.339 of 2020, by which the Letters Patent Appeal of the respondent No.3 was rejected vide judgment and order dtd. 20/7/2022, thereby confirmed the award of the Labour Court. It appears from the record that while the proceedings in connection with the Labour Court award was pending, the petitioner filed the present petition seeking regularization and benefit under the Government Resolution dtd. 17/10/1988. From the pleadings before this Court, there does not appear to be any communication made by the petitioner to claim such benefits under the Government Resolution dtd. 17/10/1988 and for regularization before the concerned authorities.

(3.) At this stage, therefore considering the chronology of events, the Court is not inclined to entertain this petition. However, it is open for the petitioner to make claim for regularization and the benefits under the Government Resolution dtd. 17/10/1988 before the concerned authorities which will consider the same in accordance with law.