JAYANTIBHAI MERUBHAI PATELversusAHMEDABAD MUNICIPAL TRANSPORT SERVICES

     C/SCA/13842/2020                                        JUDGMENT DATED: 05/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 13842 of 2020


FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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             Approved for Reporting                        Yes            No

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                   JAYANTIBHAI MERUBHAI PATEL
                              Versus
          AHMEDABAD MUNICIPAL TRANSPORT SERVICES & ANR.
================================================================
Appearance:
MR MJ MEHTA(5797) for the Petitioner(s) No. 1
MR SAURABH J MEHTA(2170) for the Petitioner(s) No. 1
MR DEEP D VYAS(3869) for the Respondent(s) No. 1
MR MRUNAL DHOLARIA, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 2
================================================================
 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                                      Date : 05/03/2026
                                        JUDGMENT


1.       Present petition is            led by the petitioner-workman under
Articles 226 & 227 of the Constitution of India read with the provisions
of the Industrial Disputes Act, 1947 (hereinafter be referred to as “the
Act”) challenging the judgment and award dated 18.06.2019 passed
by     the    learned      Presiding      O0cer,        Labour   Court,    Ahmedabad
(hereinafter be referred to as “the Labour Court”) in Reference (LCV)
No. 490 of 2011, whereby, the learned Judge has partly allowed the
Reference        in     favour   of     the   petitioner-workman          and   granted
reinstatement with continuity of service but, without backwages.


2.       Brief facts giving rise to the present petition are that, by



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   C/SCA/13842/2020                               JUDGMENT DATED: 05/03/2026




Resolution No. 139 dated 10.06.2010 the respondent No.1 herein
deleted the name of the petitioner-workman from the waiting list and
muster roll with retrospective e8ect i.e. with e8ect from 13.02.2007
without giving opportunity of hearing and without following due
procedure of law. Being aggrieved and feeling dissatis ed with the
said action of the respondent No.1, the petitioner-workman               led a
complaint being IDR Complaint No. 190/2011 dated 13.4.2011 before
the learned Assistant Labour Commissioner. Since the conciliation
failed, the Assistant Labour Commissioner referred the dispute to the
learned Labour Court, Ahmedabad to decide the dispute between the
parties. That, after the dispute was referred to the Labour Court,
Ahmedabad, the petitioner-workman            led his statement of claim
alleging that since the petitioner and other similar workmen were
deprived of their legitimate rights, all the workmen/employees
through their Union    led Reference before the learned Industrial
Tribunal being Reference (IT) No.71/2005 whereby, certain demands
were raised and, therefore, keeping vengeance in mind, the
Respondent No.1 created certain false evidences and lastly by
Resolution dated 10.06.2010, the petitioner's name was deleted from
the muster roll and from waiting list and thus, the petitioner came to
be terminated without following due procedure of law and, therefore,
the petitioner had    led the aforesaid reference before the Labour
Court praying to reinstate the petitioner in service with full back
wages and with continuity of service. That, in response to the
Statement of Claim led by the petitioner-workman, the respondent
No.1    led written statement before the Labour Court denying the
submissions made in Statement of Claim in toto. After hearing all the
concerned parties and after examining the oral as well as
documentary evidence produced on record, the Labour Court passed
the impugned judgment and award dated 18.06.2019 in Reference


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        C/SCA/13842/2020                                                       JUDGMENT DATED: 05/03/2026




(LCV) No. 490 of 2011, whereby, the learned Judge partly allowed the
Reference as aforesaid.


3.          Being aggrieved and dissatis ed with the impugned judgment
and award dated 18.06.2019 passed by the Labour Court, Ahmedabad
in Reference (LCV) No. 490 of 2011, the petitioner has preferred this
petition.


4.          On 05.11.2020, this petition is admitted by the Co-ordinate
Bench of this Court.


5.          At the outset, learned counsel Mr. Deep D. Vyas, appearing on
behalf of the respondent No.1 – Ahmedabad Municipal Transport
Services, has submitted that this is a cross petition                                             led by the
workman and in another cross petition being Special Civil Application
No. 13844 of 2020                  led by the similarly situated workman against the
very same award dated 18.06.2019 passed by the Labour Court,
Ahmedabad, this Court has rejected the petition vide order dated
05.11.2020 and therefore, the present petition is also required to be
dismissed in the same line.


6.          In view of above and considering the fact that, the petition led
by the respondent herein being Special Civil Application No. 16148 of
2020 challenging the very same award dated 18.06.2019, wherein,
this Court has granted lump sum compensation in favour of the
workman, the present petition is not required to be entertained and
the same is hereby dismissed. Rule is discharged. There shall be no
order as to costs.

                                                                    (HEMANT M. PRACHCHHAK,J)
Dolly

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 09/03/2026 17:47:08
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