GUJARAT WATER SUPPLY AND SEWERAGE BOARD, EXECUTIVE ENGINEERversusSHAMJI DEVKARAN VARCHAND
- Disposal
- DISPOSED AS INFRUCTUOUS
- Bench
- HEMANT M PRACHCHHAK
Holding
The petition is dismissed as infructuous because the petitioner has already reinstated the workman, rendering the relief sought moot.
Summary
The Gujarat Water Supply and Sewerage Board filed a special civil application under Articles 226 and 227 of the Constitution seeking to quash and stay a Labour Court order that had directed its reinstatement of a former unskilled labourer. The respondent, the workman, had been absent without permission for three years, was terminated in 2013, and later obtained a Labour Court order in 2014 ordering his reinstatement without back wages. The Board appealed, arguing the order should be set aside, while the workman submitted a letter indicating his willingness to resume duty. The High Court examined the Labour Court's decision and noted that the Board had already complied by reinstating the workman, and that the workman had raised no further claims for back wages. Consequently, the Court held the petition to be infructuous, discharged the rule, and vacated the earlier interim stay, ordering no costs.
Issues considered
- Whether the High Court can set aside the Labour Court's order directing reinstatement of the workman.
- Whether an interim stay of the Labour Court's order is warranted pending the petition.
- Whether the petition becomes infructuous after the petitioner has complied with the reinstatement order.
Subjects
Judgment
C/SCA/5543/2020 ORDER DATED: 25/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5543 of 2020
==========================================
GUJARAT WATER SUPPLY AND SEWERAGE BOARD, EXECUTIVE
ENGINEER
Versus
SHAMJI DEVKARAN VARCHAND
==========================================
Appearance:
RC JANI & ASSOCIATE(6436) for the Petitioner(s) No. 1
JEET Y RAJYAGURU(8039) for the Respondent(s) No. 1
==========================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 25/02/2026
ORAL ORDER
1. Present petition is 5led under Articles 226 and 227 of the
Constitution of India seeking the following reliefs:-
(A) YOUR LORDSHIPS may be pleased to admit and allow this
petition.
(B) YOUR LORDSHIPS may be pleased to issue writ of certiorari or
a writ in the nature of certiorari or any other appropriate writ,
order or direction quashing and setting aside order dated
19.10.2019 passed by the Learned Presiding OAcer, Labour
Court, Bhuj – Kutch in Reference L.C.B. No. 3 of 2014.
(C) Pending admission, hearing and 5nal disposal of this petition,
YOUR LORDSHIPS may be pleased to stay and suspend
implementation, execution and operation of order dated
19.10.2019 passed by the Learned Presiding OAcer, Labour
Court, Bhuj – Kutch in Reference L.C.B. No. 3 of 2014.
(D) YOUR LORDSHIPS may be pleased to grant any other and
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C/SCA/5543/2020 ORDER DATED: 25/02/2026
further reliefs as may be deemed 5t and proper in the interest
of justice.
2. Facts of the present case are that the respondent – workman
was working with the petitioner as Unskilled Labourer and from
18.06.2010 the workman, without permission of the petitione,r
stopped coming on duty till 08.10.2023 and remained absent for a
period of three years and in the meantime, 8 notices including show-
cause notice were served upon him, which were never responded.
That on 08.10.2013, the workman was terminated from the services
and after one month of the order of termination, the workman had
issued demand notice, for which, the petitioner had given reply. It is
alleged that the workman had 5led Reference L.C.B. No. 3 of 2014
before the Labour Court, Bhuj at Kachchh which came to be allowed
and directed the petitioner to reinstate the workman in service with
continuity of service.
3. Being aggrieved, the petitioner has preferred the present
petition.
4. Heard learned counsel appearing for the respective parties.
Perused the material on record. Learned counsel for the respondent
has tendered a copy of the letter dated 29.01.2026 with regard to
resuming the duty, which is taken on record.
5. Having considered the submissions of both the sides and
perused the impugned order, it appears that the Labour Court has
allowed the reference and directed the petitioner to reinstate the
workman in service without back wages and other consequential
bene5ts. So far as the back wages and other consequential bene5ts
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C/SCA/5543/2020 ORDER DATED: 25/02/2026
are concerned, the workman has not raised any dispute and not
preferred any petition. The present petition has become infructuous
as the petitioner has already reinstated the workman in service.
6. In view of the above, the petition stands disposed of as having
become infructuous. Rule is discharged. Interim relief granted earlier
shall stand vacated forthwith. There shall be no order as to costs.
7. Pending civil application/s, if any, shall stand disposed of
accordingly.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 25/02/2026 16:26:29
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