IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT:ANAND

LETTERS PATENT APPEAL NO. OF 2023

IN
SPECIAL CIVIL APPLICATION NO.4997 OF 2020

Chandrakant Baldevbhai Jani …Appellant

(Org. Petitioners)

Versus

Director, Gujarat Water

Resources Development
Corporation Ltd. …Opponents
(Org. Respondents)
INDEX

Sr. Annexures Particular Page

No. No.
1. -- Memo of Appeal
2. A A copy of Judgment dated
05.10.2021 passed by this
Hon’ble Court (Coram: Hon’ble
Mr. Justice A. S. Supehia) in
Special Civil Application
No.4997 of 2020 and other
allied matters.
3. B The Paper Book of the Special
(colly.) Civil Application No.4997 of
2020 alongwith the annexure.
 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DISTRICT:ANAND

LETTERS PATENT APPEAL NO. OF 2023

IN
SPECIAL CIVIL APPLICATION NO.4997 OF 2020

Chandrakant Baldevbhai Jani …Appellant

(Org. Petitioners)

Versus

Director, Gujarat Water

Resources Development
Corporation Ltd. …Opponents
(Org. Respondents)
LIST OF EVENTS
Date Particulars
23.09.2003 The present Appellant was working
with the present respondent No.2. The
present appellant made an application
seeking voluntary retirement from
service, on 23.09.2003 as per
Voluntary Retirement Scheme
introduced by the present respondents.
03.10.2003 The present respondents have passed
the office order dated 03.10.2003,
whereby, the application for voluntary
retirement made by the present
Appellant was accepted w.e.f.
31.10.2003.
24.05.2004 However, due to lack of the financial
provisions of the State Government to
pay retiral benefits to the employees of
the present respondents, the present
appellant as well as other employees of
the present respondents were
 continued in service till 24.05.2004,
instead of relieving the applicant and
other employees under scheme of
voluntary retirement w.e.f 31.10.2003.
-- The present Appellant and other co-
employees were paid the benefits on
basis of the salary which was given to
them at the time, when the present
appellant voluntarily resigned from
service i.e. 31.10.2003. The present
appellant was actually relieved from
services w.e.f. 24.05.2004, however,
the increments and DA for additional
services were not calculated by the
present respondents, while making the
payment of retiral dues to the present
applicant.
--- Therefore, the present applicant and
other co-employees have filed Recovery
Applications before the Hon’ble Labour
Court at Anand, claiming the amount of
difference of the increments & dearness
allowances while calculating the retiral
dues.
06.04.2015 Hon’ble Labour Court, Anand was
pleased to pass an order dated
06.04.2015, whereby, recovery
application filed by the present
appellant and other co-employees
partly allowed and directed the
opponent to pay an amount of the
difference of the retirement dues
considering the wages as on dated
24.05.2004.
25.04.2018 The present respondent challenged
aforesaid order before this Hon’ble
Court, by way filing the Special Civil
Application No.15096 of 2015 and
other allied matters. This Hon’ble Court
have been pleased to pass an order
dated 25.04.2018, whereby, order
passed by the Hon’ble Labour Court in
Recovery Applications was quashed and
set aside and remitted the matter to the
Hon’ble Labour Court for adjudication.
28.11.2019 The Hon’ble Labour Court, Anand was
pleased to pass an order dated
28.11.2019 and other allied matters,
whereby, the Hon’ble Labour Court has
rejected the applications.
05.10.2021 Being aggrieved and dissatisfied by
order passed by the Hon’ble Labour
Court, Anand, the present appellant
and other co-employees have preferred
Special Civil Application No.4997 of
2020 and other allied matters. This
Hon’ble Court have been pleased to
pass judgment dated 05.10.2021,
whereby, the petition filed by the
present appellants was dismissed.
--- Hence, this Appeal.