C/SCA/23067/2019 ORDER DATED: 18/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 23067 of 2019 With CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 23067 of 2019 With CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2025 In CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 23067 of 2019 ========================================================== TADAVI BALUBHAI JIVANBHAI & ORS. Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR VK JOSHI(2329) for the Petitioner(s) No. 1,10,11,12,14,2,3,4,5,6,7,8,9 DS AFF.NOT FILED (N) for the Respondent(s) No. 5,6,7,8,9 NOTICE SERVED BY DS for the Respondent(s) No. 1,2,3,4 ========================================================== CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT Date : 18/06/2025 ORAL ORDER ORDER IN CIVIL APPLICATION NO.2 OF 2025:- Considering the averments made in the application and considering the submissions made by learned advocates appearing for the respective parties, this application, for condoning the delay in filing the application for bringing legal heirs on the record of the main petition, is allowed. ORDER IN CIVIL APPLICATION NO.1 OF 2025:- Considering the averments made in the application and considering the submissions made by learned advocates C/SCA/23067/2019 ORDER DATED: 18/06/2025 appearing for the respective parties, this application, for bringing legal heirs of wife of applicant Nos.12 and 13 on the record of the main petition is allowed. ORDER IN SPECIAL CIVIL APPLICATION NO.23067 OF 2019:- 1. Heard learned advocate for the petitioners and learned Assistant Government Pleader for the respondent – State. 2. By way of this petition, the petitioners inter alia raises a grievance as regards not being granted the benefit of Government Resolutions dated 17.10.1988, 15.09.2014 and 06.04.2016 in spite of the petitioners having worked for more than 240 days in a year. 2.1 It is also the case of the petitioners that while the petitioners may have actually worked for a much longer period, if the law laid down by the Hon’ble Apex Court in the case of Workmen of American Express International Banking Corporation versus Management of American Express International Banking Corporation [AIR 1986 SC 458] were to be followed by the respondents i.e. the respondents while calculating the number of years where the petitioner/s had worked for more than 240 days in a year have added Sundays and Public Holidays, which would have endured in C/SCA/23067/2019 ORDER DATED: 18/06/2025 favour of the petitioners. 2.2 Further, the petitioners have orally represented their case, but the same has not been decided by the respondents appropriately. 3.1 In the considered opinion of this Court, since no decision has been taken by the respondents, at this stage, the grievance of the petitioners could be assuaged by directing the respondents to consider the case of the petitioners in accordance with law, more particularly, in accordance with the directions that would follow. Learned advocates for the respective parties would not have any objection to the same. Hence, the following directions are passed :- (i) The petitioners to prefer a detailed representation to the respondent no.2 with a copy to the respondent no.1 within a period of two weeks from today. (ii) The respondents to decide the same in accordance with law, more particularly, in light of the policy of the State Government vide Government Resolutions dated 17.10.1988, 15.09.2014 and 06.04.2016. (iii) The respondents shall, while calculating the number of C/SCA/23067/2019 ORDER DATED: 18/06/2025 days put in by the petitioners for the purpose of grant of benefit as per the above referred Government Resolutions, shall add Sundays and Public Holidays to the number of days worked by the petitioners in the year concerned, more particularly, as per the law laid down by the Hon’ble Apex Court in case of Workmen of American Express International Banking Corporation (supra). (iv) The respondents, more particularly respondent no.5 in consultation with respondent no.1, shall take appropriate decision within a period of ten weeks from the date of receipt of such representation preferred by the petitioners. 3.2 It is clarified that this Court has not gone into the merits of the matter and whereas, the respondents shall take a decision strictly in accordance with law and as per the extant policy of the State Government. 3.3 Needless to state that in case the petitioners are aggrieved by the said decision, it would be open for the petitioners to challenge the same in accordance with law. 4. With these observations and directions, the present petition stands disposed of. Direct service is permitted. (SANDEEP N. BHATT,J) DIWAKAR SHUKLA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: DIWAKAR SHUKLA(HC01778), PRIVATE SECRETARY, at High Court of Gujarat on 19/06/2025 12:30:50