Gujarat High Court Dismisses Petition for Regularisation of Daily Wager in Industrial Dispute — No Employer-Employee Relationship Established with State. Claim for Regularisation Fails as Petitioner Worked Under Private Contractor, Not Under State or Its Instrumentality.

High Court: Gujarat High Court

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2026-05-18 19:35:56

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Case Note & Summary

The petitioner, Rajesh Anantray Ravl, filed a Special Civil Application under Articles 226 and 227 of the Constitution of India before the Gujarat High Court, seeking a writ of mandamus or certiorari to direct the respondent authorities to extend the benefits of a regular employee with retrospective effect, or alternatively, to grant pay-scale as per prevailing minimum wages. The petitioner claimed to have been engaged as an Office Clerk at Rupen Diesel Pump since 1999, performing permanent nature of work, but was treated as a daily wager. The respondents included the State of Gujarat and others. The court heard Mr. Yogen Pandya for the petitioner, Ms. Forum Sukhadwala, Assistant Government Pleader for respondent Nos.1 and 2, and Mrs. Yogini V. Parikh for respondent No.3. The court examined the facts and found that the petitioner was engaged by a private contractor, not by the State or its instrumentalities. Consequently, there was no employer-employee relationship between the petitioner and the State respondents. The court held that the petitioner's remedy, if any, lies before the appropriate forum under the Industrial Disputes Act, 1947, and not by way of a writ petition. The petition was dismissed. Rule was discharged. No order as to costs.

Headnote

A) Service Law - Regularisation - Daily Wager - Employer-Employee Relationship - The petitioner sought regularisation and pay-scale benefits from the State respondents, but the court held that no employer-employee relationship existed between the petitioner and the State or its instrumentalities, as the petitioner was engaged by a private contractor. The court dismissed the petition, noting that the remedy lies before the appropriate forum under the Industrial Disputes Act, 1947, not by way of a writ petition under Articles 226 and 227 of the Constitution of India. (Paras 1-18)

Issue of Consideration

Whether the petitioner, a daily wager engaged by a private contractor, is entitled to regularisation and benefits of a regular employee from the State respondents in the absence of an employer-employee relationship with the State.

Final Decision

The petition is dismissed. Rule is discharged. No order as to costs.

Law Points

Regularisation
Daily Wager
Industrial Dispute
Employer-Employee Relationship
Writ Jurisdiction
Articles 226 and 227 of Constitution of India
Industrial Disputes Act
1947

Case Details

2026:GUJHC:899

R/SPECIAL CIVIL APPLICATION NO. 4139 of 2020

2026-01-06

Maulik J. Shelat

2026:GUJHC:899

Mr. Yogen N. Pandya for Petitioner, Ms. Forum Sukhadwala (AGP) for Respondent Nos.1 and 2, Mrs. Yogini V. Parikh for Respondent No.3

Rajesh Anantray Ravl

State of Gujarat & Ors.

Nature of Litigation

Writ petition under Articles 226 and 227 of the Constitution of India seeking regularisation and pay-scale benefits.

Remedy Sought

Petitioner sought direction to respondent authorities to extend benefits of regular employee with retrospective effect or alternatively grant pay-scale as per minimum wages.

Filing Reason

Petitioner claimed he was engaged as Office Clerk since 1999 but treated as daily wager, seeking regularisation.

Issues

Whether the petitioner is entitled to regularisation and benefits of a regular employee from the State respondents. Whether there exists an employer-employee relationship between the petitioner and the State respondents.

Submissions/Arguments

Petitioner argued that he was engaged since 1999 and performed permanent nature of work, thus entitled to regularisation. Respondents contended that the petitioner was engaged by a private contractor and no employer-employee relationship existed with the State.

Ratio Decidendi

A writ petition under Articles 226 and 227 of the Constitution of India is not maintainable for seeking regularisation and pay-scale benefits when there is no employer-employee relationship between the petitioner and the State respondents. The appropriate remedy lies before the forum under the Industrial Disputes Act, 1947.

Judgment Excerpts

The present petition is filed under Articles 226 & 227 of the Constitution of India, seeking the following reliefs... The short facts of the petition appear to be as under... The petitioner–workman was engaged by respondent No.3 at Rupen Diesel Pump since the year 1999 as the Office Clerk.

Procedural History

The petition was filed in 2020. Rule was issued and made returnable forthwith. With consent of parties, the matter was taken up for final hearing on 06/01/2026.