STATE OF GUJARAT Vs. UDESING CHHAGANBHAI BARIYA

JUDGEMENT

(1.) The present Special Civil Application No.11019 of 2018 is filed praying for the following relief:

(2.) The factual matrix of the present matters is as follows:

(3.) Learned counsel for the respondent- workman Mr.Paresh J. Brahmbhatt submitted that the petitioner had terminated the services of many such similarly situated employees on the post of Chokidar by oral order dtd. 18/9/2002. All these similar situated employees approached the learned Labour Court by way of various References. He further submits that the learned Labour Court in all these individual cases has ordered reinstatement in service without any back-wages with continuity of service. He submits that the judgment and award in those cases were challenged by the petitioner in Special Civil Application No.2767 of 2018 and other connected matters. He further submits that by the judgment and order dtd. 5/11/2020, the Co-ordinate Bench of this Court has dismissed the said special civil applications and upheld the award passed in those References of the similarly situated employees. He further submits that the common judgment and order dtd. 5/11/2020 passed by the learned Single Judge of this Court was impugned in Letters Patent Appeal No.1557 of 2022 with connected appeals. By the order dtd. 14/12/2022, the learned Division Bench has also dismissed all Letters Patent Appeals and upheld the judgment and order passed by the learned Single Judge. He submits that the petitioner is also similarly situated and was working as daily-wager Chokidar like respondent-workman in the aforementioned petitions / appeals. He, therefore, submits that the present case is squarely covered by the above mentioned judgment and order passed by the learned Single Judge as well as the Division Bench.