NDLI: Vinod Ravjibhai Rajput Vs. State of Gujarat & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Industrial Disputes Service Law Fresh appointment
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Industrial Disputes Act, 1947 (14 of 1947)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law: Fresh appointment – Appellant was appointed part time Gallery Attendant in 1995 and in 2002 was appointed as a full time Gallery Attendant against a sanctioned post – He served as a full time Gallery Attendant for almost 2 years after which his services were abruptly termination on 1.7.2004 on the ground that his appointment as a full time Gallery Attendant was against the policy of the State Government of not making any fresh recruitment due to financial constraints – Appellant filed writ petition in High Court – Single judge passed interim order restraining respondent authorities from terminating the services of the appellant subject to result of pending writ petition and clarified that the appellant could if necessary be reverted as a part time employee – Pursuant thereto, respondent authorities reverted the appellant to the position of part time employee – Appellant made representations and thereafter aggrieved by inaction of concerned authorities to act on his representations, filed writ petition which were disposed of by directing the appellant to make representation to the concerned authorities and directing authorities to decide his representation – On 18.12.2012, his services were terminated on the ground that it was impermissible to regularise him to the post of Gallery Attendant as he had not fulfilled certain conditions prescribed in Government Resolution dtd. 1.5.2007 – Appellant filed writ petition which was dismissed observing that the appropriate remedy of appellant was to initiate proceedings in accordance with 1947 Act – Division Bench allowed LPA no.635 of 2013 filed by appellant and directed respondents to reinstate the appellant to the post of full time attendant – However since appellant had not worked since 18.12.2012, he was not granted back wages – Thereafter, he was duly appointed and he resumed his duties on 14.12.2013 – Appellant filed writ petition questioning the action of authorities in not granting the appellant the benefit of continuty of service from 25.07.2002 – Single judge allowed the writ petition holding that reinstatement includes continuity of service – LPA – Division Bench set aside order of single judge – In the instant appeal, the question for consideration was whether the action of the Respondents in granting fresh appointment to the Appellant with effect from 14.10.2013, in violation of the judgment dated 22.08.2013 of the Division Bench in LPA No. 635 of 2013 directing the Respondents to reinstate him, is sustainable in law – Held: When the earlier Division bench clearly directed reinstatement of the Appellant, but without back wages and the said judgment has assumed finality and is binding on the Respondents, it was not open to the concerned authorities to give fresh appointment to the Appellant with effect from 14.10.2013 – Appellant has to be reinstated with continuity of service from the date of his initial appointment as full-time Gallery Attendant in July 2002, but without back wages for the period between 18.12.2012 to 22.08.2013, when the Appellant did not work – Appellant shall, however, be entitled to differential salary, if any, between the post of full-time Gallery Attendant and part-time Gallery Attendant from 25.07.2002 onwards, but not for the period between 18.12.2012 to 22.08.2013, in view of the judgment and order of the Division Bench dated 22.08.2013 in LPA No. 635 of 2013 – Industrial Disputes Act, 1947.
Judge	Hon'ble Ms. Justice Indira Banerjee
Neutral Citation	2020 INSC 191
Petitioner	Vinod Ravjibhai Rajput
Respondent	State Of Gujarat & Ors.
SCR	[2020] 4 S.C.R. 664
Judgement Date	2020-02-14
Case Number	1601

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Vinod Ravjibhai Rajput Vs. State of Gujarat & Ors.

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Vinod Ravjibhai Rajput Vs. State of Gujarat & Ors.

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