LPA/813/2017

Judgment text excerpt

NEUTRAL CITATION C/LPA/813/2017 JUDGMENT DATED: 11/06/2026 2026:GUJHC:34847-DB IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 813 of 2017 In R/SPECIAL CIVIL APPLICATION/1049/2016 ========================================================== STATE OF GUJARAT - THROUGH EXECUTIVE ENGINEER WATER WORKS & ORS. Versus BOGHUBHA JUVANSINH SARVAIYA & ANR. ========================================================== Appearance: MS KRISHA DESAI, AGP for the Appellant(s) No. 1,2,3 MR TULSHI R SAVANI(3070) for the Respondent(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and HONOURABLE MR.JUSTICE J. L. ODEDRA Date : 11/06/2026 ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA) 1. The appeal challenges the order of the learned Single Judge who has affirmed the award of reinstatement and grant of 25% back-wages. 2. It is the contention of the State that the workman had stopped coming from 1999-2000 and despite the fact that records were produced indicating that the workman had not worked for more than 240 days a year, the Labour Court has not only awarded reinstatement but also awarded back wages. 3. It will be pertinent to state here that in the course of argument before learned Single Judge, the workman had made a concession that he would not seek for back wages if there was no further litigation. This concession has also been Page 1 of 3 Uploaded by () on Downloaded on : Tue Jun 30 22:52:18 IST 2026 NEUTRAL CITATION C/LPA/813/2017 JUDGMENT DATED: 11/06/2026 2026:GUJHC:34847-DB recorded in the order of learned Single Judge. However, the State has filed the appeal and, therefore, the workman would obviously not be bound by the concession. 4. It is for