LPA/906/2003 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 906 of 2003 In SPECIAL CIVIL APPLICATION No. 6244 of 2001 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= STATE OF GUJARAT - Appellant(s) Versus GUJARAT LABOUR WELFARE BOARD & 2 - Respondent(s) ========================================================= Appearance : MRS ML SHAH, AGP for Appellant(s) : 1, MR IS SUPEHIA for Respondent(s) : 1 - 2. MR PV HATHI for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER Date : 31/01/2008 LPA/906/2003 2/4 JUDGMENT ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) This Appeal preferred by the State Government under clause 15 of the Letters Patent arises from the order dated 19th March, 2002 made by the learned Single Judge in above Special Civil Application No.6244/2001. The writ petitioners in the above writ petitioner are the Gujarat Labour Welfare Board Employees' Union and its office bearers. The petitioners proceeded on the premise that the employees of the Gujarat Labour Welfare Board were entitled to the benefit of higher grade scale under the Government Resolution dated 16th August, 1994. The petitioners prayed that the arrears of such pay for the period from the year 1987 to 1991 be deposited in the provident fund account of each employee. Though the State Government had entered appearance, no reply was filed to show whether or not LPA/906/2003 3/4 JUDGMENT the Resolution dated 16th August, 1994 was made applicable to the employees of the Board. In the circumstances, the learned Single Judge has, by impugned order, directed that the State Government shall arrange for an audit in respect of pay fixation of the employees of the Board and to credit the amount in the provident fund account of the employees after receipt of the audit report. Feeling aggrieved, the State Government has preferred the present Appeal. It is now the case of the State Government that the benefit of the scheme of the higher grade scale under the Government Resolution dated 16th August, 1994 has not been extended to the employees of the Board. In above view of the matter, with the consent of the leaned advocates, we allow this Appeal. The impugned order of the learned Single Judge is quashed and set-aside. The Special Civil Application No.6244/2001 is remanded before the learned Single Judge for hearing and decision afresh. The State LPA/906/2003 4/4 JUDGMENT Government shall file its counter reply to the writ petition within four weeks from today. The parties will bear their own cost. (Ms. R.M.Doshit, J.) (K.M.Thaker, J.) /moin