STATE OF GUJARAT Vs. PRABHATSINH SHANKARBHAI VAGHELA

JUDGEMENT

(1.) These appeals arise out of the oral judgement dtd. 26/2/2021 passed by the learned Single Judge in the respective captioned petitions by which the learned Single Judge dismissed the petitions of the State confirming the awards passed by the Labour Court which were impugned in the respective writ petitions.

(2.) Since the facts in these appeals are common, we shall take into consideration facts of Letters Patent Appeal No. 177 of 2022 for the sake of convenience.

(3.) Ms. Roshni Patel, learned AGP appearing for the appellant State would submit that the Labour Court committed an error in granting reinstatement without backwages and also granting continuity of service. It was her submission that the workmen had been negligent inasmuch as though the references were dismissed for default, the same were only restored after several years and therefore the State should not be saddled with extending benefits of reinstatement and continuity of service. She has submitted that so far as Letters Patent Appeal No. 250 of 2024 is concerned, the respondent was working elsewhere after his termination.