Case Note & Summary
The petitioner, Akhil Bharatiya Safai Kamdar Sangathan, is a registered trade union under the Indian Trade Unions Act, 1926, with registration No. G/S/3/2016 dated 08.09.2016. The union was formed to organize and unite the staff of Surat Municipal Corporation and work for their benefits. The dispute concerns premises of the corporation that were occupied by the union under a license granted by Surat Municipal Corporation vide letter dated 30.05.2018. The corporation issued an eviction notice on 12.11.2025, giving 10 days time to produce documents, with the deadline being 22.11.2025. However, before the expiry of that period, on 19.11.2025, the office bearers of the union were forcibly evicted by the corporation with the help of its officers. This led to the filing of a writ petition, and subsequently the present intra-court appeal. The legal issue was whether the forcible eviction before the notice period expired was lawful. The appellant argued that the eviction was illegal and in violation of natural justice. The respondents contended that the eviction was justified. The court analyzed that the eviction was carried out without following due process and before the notice period expired. The court held that the eviction was illegal and directed the restoration of possession to the union. The decision was in favor of the appellant union.
Headnote
A) Trade Union Law - Licensee Rights - Forcible Eviction - Notice Period - The petitioner Union, a registered trade union under the Indian Trade Unions Act, 1926, was granted a license to occupy premises of Surat Municipal Corporation. The Corporation issued an eviction notice on 12.11.2025 giving 10 days time to produce documents, but forcibly evicted the Union on 19.11.2025 before the expiry of the notice period on 22.11.2025. The Court held that the eviction was illegal and in violation of the principles of natural justice, and directed restoration of possession. (Paras 1-5)
Issue of Consideration
Whether the forcible eviction of the petitioner Union from the licensed premises before the expiry of the notice period was legal and whether the Union is entitled to restoration of possession.
Final Decision
The appeal is allowed. The impugned order is set aside. The respondents are directed to restore possession of the premises to the petitioner Union within a period of four weeks from the date of the judgment.
Law Points
- Licensee rights
- forcible eviction
- notice period
- natural justice
- trade union premises
Case Details
R/LETTERS PATENT APPEAL NO. 243 of 2026 In R/SPECIAL CIVIL APPLICATION/16582/2025
Sunita Agarwal (CJ), D.N. Ray
MR AS ASTHAVADI for Appellant, MS.HETAL PATEL, ASST.GOVERNMENT PLEADER for Respondent No.1, MR KAUSHAL D PANDYA for Respondent No.2,3
Akhil Bharatiya Safai Kamdar Sangathan
The State of Gujarat & Ors.
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Nature of Litigation
Intra-court appeal against eviction of trade union from licensed premises
Remedy Sought
Restoration of possession of the premises and declaration that eviction was illegal
Filing Reason
Forcible eviction before expiry of notice period
Issues
Whether the forcible eviction of the petitioner Union before the expiry of the notice period was legal?
Whether the Union is entitled to restoration of possession?
Submissions/Arguments
Appellant: The eviction was illegal as it was carried out before the notice period expired, violating principles of natural justice.
Respondents: The eviction was justified and in accordance with law.
Ratio Decidendi
A licensee cannot be evicted forcibly before the expiry of the notice period granted in the eviction notice. Such eviction is illegal and violative of principles of natural justice. The licensee is entitled to restoration of possession.
Judgment Excerpts
Having heard the learned counsels for the parties and perused the record, pertinent is to note that the petitioner herein is a registered Union under the Indian Trade Unions Act’ 1926...
The issue raised herein is about the premises of the corporation which was occupied by the petitioner Union under a license granted to it by the Surat Municipal Corporation vide letter dated 30.05.2018.
It is sought to be submitted by the learned counsel for the petitioner that the notice for eviction from the premises in question was sent to the petitioner Union on 12.11.2025, wherein 10 days time was given to produce their documents. However, before the time granted in the notice for eviction was over, which was uptil 22.11.2025, the office bearers of the petitioner Union have been forcibly evicted by the Corporation with the help of its officers on 19.11.2025 itself.
Procedural History
The petitioner Union filed a writ petition (R/SPECIAL CIVIL APPLICATION/16582/2025) challenging the eviction. The learned Single Judge dismissed the writ petition. Aggrieved, the Union filed the present Letters Patent Appeal (LPA No. 243/2026) along with a Civil Application for stay.
Acts & Sections
- Indian Trade Unions Act, 1926:
