JAYABEN HIMMATLAL JADAVversusTHE COMMISSIONER, RAJKOT MUNICIPAL CORPORATION
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The petition is disposed of as the earlier order awarding lump‑sum compensation in lieu of reinstatement governs the matter.
Summary
The petitioner, an employee, filed a cross petition challenging a Labour Court judgment dated 10‑10‑2024 that ordered his reinstatement with continuity of service and 20% backwages. The petitioner contended that a separate suit, Special Civil Application No. 3287 of 2025, had already been decided by this Court, awarding him a lump‑sum compensation of Rs 3,00,000 in lieu of reinstatement. The Court noted the earlier judgment and held that the present petition could not be entertained. Consequently, the petition was disposed of, with a direction that the awarded amount be paid if it has not already been. The order was signed by Justice Hemant M. Prachchak.
Issues considered
- Whether the cross petition challenging the Labour Court's reinstatement order is barred by the earlier judgment awarding lump‑sum compensation in the same employee's favour.
Subjects
Judgment
C/SCA/14477/2025 ORDER DATED: 06/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14477 of 2025
================================================================
JAYABEN HIMMATLAL JADAV
Versus
THE COMMISSIONER, RAJKOT MUNICIPAL CORPORATION & ORS.
================================================================
Appearance:
MR KARAN K PAUL(11611) for the Petitioner(s) No. 1
KAASH K THAKKAR(7332) for the Respondent(s) No. 2,3
MR KV GADHIA(319) for the Respondent(s) No. 1
================================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 06/02/2026
ORAL ORDER
1. This is a cross petition led by the petitioner – employee against
the judgment and award dated 10.10.2024 passed by the learned
Presiding O cer, Labour Court, Rajkot (hereinafter be referred to as
“the Labour Court”) in Reference (LCR) No. 102 of 2015, whereby, the
learned Judge has granted reinstatement with continuity of service
and 20% backwages.
2. When the matter is taken up for hearing, learned counsel for
the petitioner has submitted that the petition preferred by the
respondent herein being Special Civil Application No. 3287 of 2025 is
already decided by this Court vide order dated 08.12.2025, wherein,
this Court has awarded lumpsum compensation in favour of the
present petitioner to the tune of Rs. 3,00,000/-, in lieu of
reinstatement and other consequential reliefs and therefore, the
present petition is required to be disposed of in light of the order
dated 08.12.2025 passed in Special Civil Application No. 3287 of
Page 1 of 2
C/SCA/14477/2025 ORDER DATED: 06/02/2026
2025.
3. In view of above, the present petition is disposed of. If, the
amount awarded by this Court is not paid to the petitioner –
employee, the same shall be paid in accordance with the directions
issued in the aforesaid petition led by the respondent herein.
(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 06/02/2026 18:04:00
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.