Gujarat High Court
Port Officer vs Secretary on 12 November, 2025
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
NEUTRAL CITATION
C/LPA/1813/2017 ORDER DATED: 12/11/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1813 of 2017
In
R/SPECIAL CIVIL APPLICATION NO. 756 of 2017
================================================================
PORT OFFICER
Versus
SECRETARY & ANR.
================================================================
Appearance:
MS SEJAL K MANDAVIA(436) for the Appellant(s) No. 1
MR TR MISHRA(483) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
================================================================
CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
and
HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 12/11/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)
1. Heard learned advocate Ms.Sejal K. Mandavia for the appellant and learned advocate Mr.U.T.Mishra for learned advocate Mr.T.R.Mishra for the respondent.
2. This Appeal is filed under Clause 15 of the Letters Patent, 1865 against the Judgment and Order dated 28th March, 2017 passed in Special Civil Application No.756 of 2017. Page 1 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025
NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined 3.1. The appellant-original petitioner challenged the Judgment and Award dated 29th August, 2016 passed by the Industrial Tribunal, Jamnagar (for short 'the Tribunal') in Reference (IT) No.164 of 2012 in Special Civil Application. By the Judgment and Award passed by the Tribunal, the services of the respondent-workman was ordered to be regularised as Electrician with effect from the date on which he completed 240 days of service and all consequential benefits were also ordered to be granted, however, the Tribunal also ordered that the respondent- workman would not be entitled to any monetary benefit and arrears from the date of appointment in the service till the date of Page 2 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined the Award and the same was ordered to be considered as notional.
3.2. The learned Single Judge, after considering the submissions made by both the sides, dismissed the Special Civil Application by observing as under :
"2. Having considered the rival submissions, it appears that the impugned award came to be passed on the finding that the petitioner employer had resorted to unfair labour practice by making appointment of the respondent workman for short term durations; at times as contractual workman or on the work charge employment or fixed period of 29 days, though work was of perennial nature. It also appears that the principal contention of the petitioner Page 3 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined opposing the reference was that the workman was only a contractual appointee.
3. The workman had come out with a case that his appointment was regular in nature inasmuch as as per the practice, the petitioner Gujarat Maritime Board used to requisition human resource by publication on its notice board and in pursuance thereof the workman had applied and was interviewed and eventually selected. This assertion of the workman was not contested by the petitioner. It thus appears that except saying that the appointment of the workman was on contractual basis, no other evidence whatsoever came to be propounded by the petitioner before the Industrial Tribunal.
4. The Industrial Tribunal has taken Page 4 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined into consideration the evidence on record as also the case law cited before it and had come to the conclusion that the workman was appointed in pursuance of the notice and interview on the sanctioned set up and that his appointment was not a back door entry and that his appointment at times as a contractual employee and then as work charge employee and then as employee for fixed term though the work is of perennial and was increasing from time to time, was unfair labour practice. By resorting to such unfair labour practice, the workman was denied his legitimate rights.
5. The learned counsel for the petitioner heavily relied on State of Karnataka v. Umadevi 3, (2006) 4 SCC 1 to contend that regularization sought for by the workman was contrary to the Page 5 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined ratio laid down in the said case. Apropos the said submission, it can be noticed from the award itself that the Tribunal took into consideration, inter alia, the case of Maharashtra State Road Transport Corporation & Anr. v. Casteribe Raja Parivahan Karmchari Sanghatana (2009) 8 SCC 556 wherein the ratio laid down in Umadevi (supra) was explained and it was pointed out that the said case does not denude Industrial Tribunal and the Labour Court of their statutory powers under section 30 read with section 32 of the MRTU and PULP Act. It was pointed out that in the event of the employer resorting to unfair labour practice, the adjudicatory forums under the Industrial Law have jurisdiction to pass suitable orders and their powers in such a situation are not confined by the ratio laid down in Umadevi (supra)."
Page 6 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025
NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined 4.1. Learned advocate Ms.Sejal Mandavia appearing for the appellant referred to the additional-affidavit filed on behalf of the appellant wherein, the details of the work discharged by the respondent-workman is mentioned. It was pointed out from the said additional-affidavit that the respondent- workman was appointed as work charge Electrician in the year 1997 and thereafter, from 1998 onwards, he was appointed on contract basis by the appellant. It was submitted that the services of the respondent- workman were terminated after completion of one year from 06.09.2003 and the petition was also filed contending that he has already filed a Reference before the Industrial Page 7 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined Tribunal for regularisation which was pending and he was terminated from services without taking approval from the Industrial Tribunal. It was submitted that this Court allowed the petition and ordered the appellant to reinstate the workman with continuity of service and 50% back wages and accordingly, the workman was re-instated in service from 13th January, 2005 with 50% back wages on his original post of Electrician on contract basis.
4.2. Learned advocate Ms.Sejal Mandavia further submitted that the Tribunal thereafter, passed the Judgment and Award on 29.08.2016 which is challenged before this Court by the appellant. It was submitted that Page 8 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined after the dismissal of the petition, this Court by order dated 20th July, 2021, directed the appellant to extend the benefits of Sixth and Seventh Pay Commission which are also granted to the respondent-workman by the appellant in compliance of the order passed by this Court.
4.3. It was therefore submitted that the respondent-workman was engaged in service firstly on work charge basis and thereafter, on contract basis and there was no regular appointment of the workman. It was also pointed out from the records that the Tribunal as well as the learned Single Judge has committed an error by passing the order to regularise the service of the workman though Page 9 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined there was a backdoor entry as no regular appointment was made.
4.4. In support of her submissions, learned advocate Ms.Sejal Mandavia referred to the decision of the Division Bench of this Court in the group matters being Letters Patent Appeal No.1778 of 2017 and other allied matters and submitted that this Court, relying upon the decision in Letters Patent Appeal No.380 of 2016, has held that the workmen who have completed twenty years of service would be regularised. It was therefore submitted that at the best, the respondent-workman can be considered for regularisation after completion of twenty years of service with the appellant.
Page 10 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025
NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined 5.1. On the other hand, learned advocate Mr.U.T.Mishra for the respondent submitted that the Tribunal, after considering the oral evidence of one Jyotindrasinh Bahadursinh Jadeja at Exh.20, came to the conclusion that the workman was working at the vacant sanctioned post of Electrician and was having the qualification continuously from 2002. Learned advocate Mr.U.T.Mishra further submitted that the Division Bench of this Court in Letters Patent Appeal No.421 of 2025 and other allied matters vide order dated 1st May, 2025 after applying the decision of the Hon'ble Apex Court in case of Jaggo Versus Union of India and Others in SLP (Civil) No.5580 of 2024 as well the decision in case Page 11 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined of Shripal and Another Versus Nagar Nigam Ghaziabad in Civil Appeal No.8157 of 2024 in similar facts, dismissed the Appeal. 5.2. It was therefore submitted that no interference may be made in the impugned Judgment and Order passed by the learned Single Judge dismissing the petition upholding the Award passed by the Tribunal.
6. Having heard the learned advocates for the respective parties and considering the facts of the case recorded in the Judgment and Award of the Tribunal, it cannot be said that there is a dispute with regard to the vacant sanctioned post at Okha Port where the respondent-workman was working as an Page 12 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined Electrician since 1997 and there were recommendations made by the Port Officer, Okha Port to regularise the workman at the sanctioned post of Electrician since 2000-2001 onwards.
7. The Tribunal after considering the evidence on record has come to the conclusion that the respondent-workman has discharged the duties for more than 240 days since at least from 09.09.2002 and therefore, the Tribunal directed the appellant-Port Officer to regularise the services of the respondent- workman from the year in which he has completed 240 days with the consequential benefits. The Tribunal has also considered that the respondnet-workman will be entitled Page 13 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined to notional benefits from the date of his appointment till the date of Award passed by the Tribunal. Learned Single Judge after considering such facts, has rejected the petition mainly on the ground that the workman was appointed in pursuance of the notice and interview on the sanctioned set up and that his appointment was not a back door entry and that his appointment at times as a contractual employee and then as work charge employee and then as employee for fixed term though the work is of perennial and was increasing from time to time resulted into unfair labour practise. The Hon'ble Apex Court in case of Shripal and Others (Supra), after considering the Constitution Bench judgment in case of Page 14 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined State of Karnataka Versus Uma Devi reported in (2006) 4 SCC page 1, has held as under:
"14. The Respondent Employer places reliance on Umadevi (supra)2 to contend that daily-wage or temporary employees cannot claim permanent absorption in the absence of statutory rules providing such absorption. However, as frequently reiterated, Uma Devi itself distinguishes between appointments that are "illegal" and those that are "irregular," the latter being eligible for regularization if they meet certain conditions. More importantly, (2006) 4 SCC 1. Uma Devi cannot serve as a shield to justify exploitative engagements persisting for years without the Employer undertaking legitimate recruitment. Given the record which shows no true contractor- based arrangement and a consistent need Page 15 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined for permanent horticultural staff the alleged asserted ban on fresh recruitment, though real, cannot justify indefinite daily-wagestatus or continued unfair practices.
15. It is manifest that the Appellant Workmen continuously rendered their services over several years, sometimes spanning more than a decade. Even if certain muster rolls were not produced in full, the Employer's failure to furnish such records --despite directions to do so--allows an adverse inference under well-established labour jurisprudence. Indian labour law strongly disfavors perpetual daily-wage or contractual engagements in circumstances where the work is permanent in nature. Morally and legally, workers who fulfil ongoing municipal requirements year after year Page 16 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined cannot be dismissed summarily as dispensable, particularly in the absence of a genuine contractor agreement. At this juncture, it would be appropriate to recall the broader critique of indefinite "temporary"
employment practices as done by a recent judgement of this court in Jaggo v. Union of India3 in the following paragraphs:
"22. The pervasive misuse of temporary employment contracts, as exemplified in this case, reflects a broader systemic issue that adversely affects workers' rights and job security. In the private sector, the rise of the gig economy has led to an increase in precarious employment arrangements, often characterized by lack of benefits, job security, and fair treatment. Page 17 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025
NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined Such practices have been criticized for exploiting workers and undermining labour standards. Government institutions, entrusted with upholding the principles of fairness and justice, bear an even greater responsibility to avoid such exploitative employment practices. When public sector entities engage in misuse of temporary contracts, it not only mirrors the detrimental trends observed in the gig economy but also sets a concerning precedent that can erode public trust in governmental operations.
25. It is a disconcerting reality that temporary employees, particularly in government institutions, often face multifaceted forms of exploitation. While the foundational purpose of Page 18 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined temporary contracts may have been to address short-term or seasonal needs, they have increasingly become a mechanism to evade long-term obligations owed to employees. These practices manifest in several ways:
• Misuse of "Temporary" Labels: Employees engaged for work that is essential, recurring, and integral to the functioning of an institution are often labelled as "temporary" or "contractual," even when their roles mirror those of regular employees. Such misclassification deprives workers of the dignity, security, and benefits that regular employees are entitled to, despite performing identical tasks.
• Arbitrary Termination: Temporary employees are frequently dismissed Page 19 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined without cause or notice, as seen in the present case. This practice undermines the principles of natural justice and subjects workers to a state of constant insecurity, regardless of the quality or duration of their service. • Lack of Career Progression: Temporary employees often find themselves excluded from opportunities for skill development, promotions, or incremental pay raises. They remain stagnant in their roles, creating a systemic disparity between them and their regular counterparts, despite their contributions being equally significant. • Using Outsourcing as a Shield: Institutions increasingly resort to outsourcing roles performed by temporary employees, effectively replacing one set of exploited workers with another. This Page 20 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined practice not only perpetuates exploitation but also demonstrates a deliberate effort to bypass the obligation to offer regular employment.
• Denial of Basic Rights and
Benefits: Temporary employees are
often denied fundamental benefits
such as pension, provident fund,
health insurance, and paid leave,
even when their tenure spans
decades. This lack of social
security subjects them and their
families to undue hardship,
especially in cases of illness,
retirement, or unforeseen
circumstances."
16. The High Court did acknowledge the Employer's inability to justify these abrupt terminations. Consequently, it Page 21 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined ordered re-engagement on daily wages with some measure of parity in minimum pay. Regrettably, this only perpetuated precariousness:
the Appellant Workmen were left in a marginally improved yet still uncertain status. While the High Court recognized the importance of their work and hinted at eventual regularization, it failed to afford them continuity of service or meaningful back wages commensurate with the degree of statutory violation evident on record.
17. In light of these considerations, the Employer's discontinuation of the Appellant Workmen stands in violation of the most basic labour law principles. Once it is established that their services were terminated without adhering to Sections 6E and 6N of the Page 22 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined U.P. Industrial Disputes Act, 1947, and that they were engaged in essential, perennial duties, these workers cannot be relegated to perpetual uncertainty.
While concerns of municipal budget and compliance with recruitment rules merit consideration, such concerns do not absolve the Employer of statutory obligations or negate equitable entitlements. Indeed, bureaucratic limitations cannot trump the legitimate rights of workmen who have served continuously in de facto regular roles for an extended period.
18. The impugned order of the High Court, to the extent they confine the Appellant Workmen to future daily-wage engagement without continuity or meaningful back wages, is hereby set aside with the following directions: Page 23 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025
NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined I. The discontinuation of the Appellant Workmen's services, effected without compliance with Section 6E and Section 6N of the U.P. Industrial Disputes Act, 1947, is declared illegal. All orders or communications terminating their services are quashed. In consequence, the Appellant Workmen shall be treated as continuing in service from the date of their termination, for all purposes, including seniority and continuity in service. II. The Respondent Employer shall reinstate the Appellant Workmen in their respective posts (or posts akin to the duties they previously performed) within four weeks from the date of this judgment. Their entire period of absence (from the date of termination until actual reinstatement) shall be counted for continuity of service and all consequential benefits, such as seniority and eligibility for Page 24 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined promotions, if any. III. Considering the length of service, the Appellant Workmen shall be entitled to 50% of the back wages from the date of their discontinuation until their actual reinstatement. The Respondent Employer shall clear the aforesaid dues within three months from the date of their reinstatement. IV. The Respondent Employer is directed to initiate a fair and transparent process for regularizing the Appellant Workmen within six months from the date of reinstatement, duly considering the fact that they have performed perennial municipal duties akin to permanent posts. In assessing regularization, the Employer shall not impose educational or procedural criteria retroactively if such requirements were never applied to the Appellant Workmen or to similarly situated regular employees in the past. Page 25 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025
NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined To the extent thatsanctioned vacancies for such duties exist or are required, the Respondent Employer shall expedite all necessary administrative processes to ensure these longtime employees are not indefinitely retained on daily wages contrary to statutory and equitable norms.
19. In view of the above, the appeal(s) filed by the workmen are allowed, whereas the appeal(s) filed by the Nagar Nigam Ghaziabad are dismissed.
20. All pending applications stand disposed of. No orders as to costs."
8. The Co-ordinate Bench of this Court in Letters Patent Appeal No.421 of 2025 and other allied matters in case of Dwarka Municipality Through Its Chief Officer Versus Mantri Shree, Page 26 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined Jamnagar Jilla Majdoor Sangh & Anr after considering the aforesaid decision in case of Shripal and Others (Supra), has held as under:
"10. In the case before the Supreme Court, the workmen were terminated from service after being engaged for a considerably long period. The Supreme Court held that the appellant-workmen, who had rendered several years of service spanning more than a decade, cannot be summarily dismissed merely because they failed to furnish certain records, even if such failure occurred despite directions from the Labour Court.
11. While placing reliance on the judgment of the Supreme Court in the case of Jaggo (supra), it is held that the misuse of temporary labours i.e. the employees engaged for work, or Page 27 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined contractual even when their roles mirror those of regular employees, such misclassification deprives workers of the dignity, security, and the benefits that regular employees are entitled to, despite performing identical tasks. The Supreme Court has also highlighted that there is lack of career progression in case of temporary employees and they often find themselves excluded from opportunities for skill development, promotions or incremental pay rises. The Supreme Court has further deprecated the practice of outsourcing roles performed by temporary employees, effectively replacing one set of exploited workers with another. After setting aside the termination of such workmen, the Supreme Court has directed the employer to initiate the fair and transparent process for regularizing the appellant - workmen. It is further directed by the Page 28 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined Supreme Court that in assessing regularization, the employer shall not impose educational or procedural criteria retroactively if such requirement were never applied to the appellant - workmen or to similarly situated regular employees in the past. In fact the Supreme Court has directed for sanctioning of the vacancies to ensure that the long time temporary employees are not indefinitely retained on daily wages contrary to statutory and equitable loss.
12. In both the cases of Shripal and other (supra) and Jaggo (Supra), the Supreme Court was directed the employers to regularize the workmen, who had been engaged for decades. The legal principle enunciated in these judgments squarely applies to the present case." Page 29 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025
NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined
9. In view of the facts emerging from the record and in view of the decisions of the Hon'ble Apex Court in cases of Shripal and Others (Supra) and Jaggo (Supra), where the Hon'ble Apex Court has directed the employers to regularise the workmen who have been engaged for decades, it appears that the same are squarely applicable to the facts of the case and we find no reason to interfere either with the Judgment and Award passed by the Tribunal or with the Judgment and Order passed by the learned Single Judge upholding the Judgment and Award of the Tribunal.
10. On overall analysis of the facts, and in view of above dictum of law, the Letters Patent Appeal fails and stands rejected. We Page 30 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025 NEUTRAL CITATION C/LPA/1813/2017 ORDER DATED: 12/11/2025 undefined direct the appellant to implement with the Judgment and Award and confer the benefits to the respondent-workman within a period of eight weeks from the date of receipt of the copy of this order.
(BHARGAV D. KARIA, J) (L. S. PIRZADA, J) PALAK Page 31 of 31 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Nov 20 2025 Downloaded on : Fri Nov 21 23:11:31 IST 2025