LPA/251/2017

Judgment text excerpt

NEUTRAL CITATION C/LPA/251/2017 JUDGMENT DATED: 10/06/2026 2026:GUJHC:34955-DB IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 251 of 2017 In R/SPECIAL CIVIL APPLICATION/11028/2001 ========================================================= STATE OF GUJARAT Versus MUKUNDBHAI MANGALDAS SHRIMALI ========================================================= Appearance: MR DHAWAN JAYSWAL, AGP WITH MS JINAL JOSHI, AGP for the Appellant(s) No. 1 MR PH PATHAK(665) for the Respondent(s) No. 1 ========================================================= CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and HONOURABLE MR.JUSTICE J. L. ODEDRA Date : 10/06/2026 JUDGMENT (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA) 1. The State is in appeal, being aggrieved by the order of the learned Single Judge by which the learned Single Judge has held that the oral order of termination dated 01.10.2001 was null and void and, as a consequence, the order of learned Single Judge would have the effect of reinstating the respondent-workman and continuing in service. The learned Single Judge has directed that the respondent be reinstated immediately with continuity of service. The back wages however has been refused. 2. This order of the learned Single Judge was stayed by Page 1 of 3 Uploaded by () on Downloaded on : Tue Jun 30 22:48:47 IST 2026 NEUTRAL CITATION C/LPA/251/2017 JUDGMENT DATED: 10/06/2026 2026:GUJHC:34955-DB this Court while entertaining the appeal of the State. 3. The facts forthcoming from the order of the learned Single Judge, as well as the arguments advanced before us, are that the respondent had worked as a daily wager for about 6 years and that he was orally terminated in the year 2001. The learned Single Judge has therefore come to the conclusion that the action of th