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2011 Supreme(Guj) 3

JAYANT PATEL, J.C.UPADHYAYA
Revabhai Pasabhai Prajapati – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. R.V. Desai, for the Appellant No. 1.
Mr. N.J. Shah, AGP for the Respondent No. 1.
None, for the Respondent No. 2.

Judgment

Jayant Patel, J.—The present appeal arises against the order dated 7.10.2010 passed by the learned Single Judge of this Court in Special Civil Application No. 9527 of 2010, whereby the petition has been dismissed for the entitlement of the pension to the petitioner.

2. We have heard the Learned Counsel for the appellant as well as the learned AGP for the respondents for final disposal.

3. The facts as such are not much in dispute and the only question to be considered in the present matter is whether by virtue of the award of the Labour Court, the appellant would be entitled to continuity in service and consequently to the benefits of the Government Resolution permitting pension to the daily wager, who worked for a period exceeding ten years or not.

4. The relevant facts are that the original petitioner – appellant herein was engaged as daily wager in the year 1981 and thereafter he worked for a long time. It is the case of the appellant that it was continuous work, whereas the respondents contended that the work was not continuous. As per the appellant, his services were illegally terminated without following the provisions of Industrial Disputes Act (hereinafter referred to










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