Case Note & Summary
The petitioner, Vinodrai Gordhandas Agrawal, was appointed as a Sanitary Inspector by the Porbandar Nagar Palika on 21.04.1997 and superannuated on 31.07.2017 without his services being regularized. In 2000, along with other workmen, he approached the Labour Court seeking regularization. During the pendency of the reference, the respondent passed a resolution on 30.07.2009 agreeing to regularize his service and grant notional benefits. Consequently, on 29.10.2009, the petitioner was granted the benefit of the 6th Pay Commission. However, the regularization was not implemented. The petitioner filed a writ petition in 2016 under Article 226 of the Constitution seeking a mandamus to direct the respondents to regularize his services and grant arrears with interest. The respondent opposed the petition on grounds of delay and laches. The court held that the petition suffers from inordinate delay as the petitioner waited for nearly 7 years after the 2009 resolution to approach the court, and the relief sought became infructuous after his superannuation. The court dismissed the petition, noting that the petitioner had already superannuated and no useful purpose would be served by granting the relief.
Headnote
A) Service Law - Regularization - Delay and Laches - Petitioner appointed as Sanitary Inspector on 21.04.1997, superannuated on 31.07.2017 without regularization - Respondent passed resolution on 30.07.2009 to regularize but did not implement - Petitioner filed writ petition in 2016 seeking mandamus for regularization - Held that the petition suffers from delay and laches as the petitioner waited for nearly 7 years after the resolution to approach the court, and the relief cannot be granted after superannuation (Paras 1-23).
Issue of Consideration
Whether the petitioner is entitled to regularization of services as Sanitary Sub Inspector and consequential benefits despite delay in approaching the court.
Final Decision
The petition is dismissed. The petitioner had already superannuated on 31.07.2017 and the relief sought became infructuous. The petition suffers from delay and laches.
Law Points
- Regularization of service
- delay and laches
- writ of mandamus
- Industrial Disputes Act
- 1947
Case Details
2026 LawText (GUJ) (03) 37
R/Special Civil Application No. 5477 of 2016
Ms. Mamta R. Vyas for the petitioner, Mr. Murali N. Devnani for the respondent No.1
Vinodrai Gordhandas Agrawal
Chief Officer - Porbandar Nagar Palika & Anr.
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Nature of Litigation
Writ petition under Article 226 of the Constitution seeking regularization of services and consequential benefits.
Remedy Sought
Petitioner sought a writ of mandamus directing the respondents to regularize his services as Sanitary Sub Inspector, grant arrears with interest, and continuity of service.
Filing Reason
The petitioner's services were not regularized despite a resolution passed by the respondent in 2009 agreeing to do so.
Previous Decisions
The Industrial Court, Jamnagar passed an award dated 30.01.2016 in Reference (IT) No. 101 of 2012, which the petitioner initially challenged but later withdrew the challenge.
Issues
Whether the petitioner is entitled to regularization of services as Sanitary Sub Inspector and consequential benefits despite delay in approaching the court.
Submissions/Arguments
Petitioner argued that the respondent passed a resolution on 30.07.2009 agreeing to regularize his service and grant notional benefits, but failed to implement it.
Respondent contended that the petition suffers from delay and laches as the petitioner waited for nearly 7 years after the resolution to file the writ petition.
Ratio Decidendi
A writ of mandamus for regularization of services cannot be granted after the employee has superannuated, especially when there is inordinate delay in approaching the court. The petitioner waited for nearly 7 years after the resolution to file the petition, which amounts to delay and laches.
Judgment Excerpts
At the outset, Ms. Mamta R. Vyas, learned Advocate for the petitioner, under the instructions of her client, does not press the relief as prayed in paragraph No. 11(A) of this petition...
The petitioner was appointed as a sanitary inspector by the respondent on 21.04.1997 and he was superannuated on 31.07.2017. Till the time of his superannuation, the petitioner's service was not regularized by the respondent.
Procedural History
The petitioner was appointed on 21.04.1997. In 2000, he along with others approached the Labour Court for regularization. During the reference, the respondent passed a resolution on 30.07.2009 agreeing to regularize. On 29.10.2009, the petitioner was granted 6th Pay Commission benefits. The Industrial Court passed an award on 30.01.2016. The petitioner filed the present writ petition in 2016 challenging the award and seeking regularization. The petitioner later withdrew the challenge to the award. The petition was heard and dismissed on 10.03.2026.
Acts & Sections
- Constitution of India: Article 226
