Entitlement to benefits under the Government Resolution dated 17.10.1988 for the petitioner, including arrears and wages for the period of illegal dismissal.

(PER : HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI)

1. We have heard Mr.Nirzar S.Desai, learned advocate appearing for the appellants and Mr.Dipak R.Dave, learned advocate appearing for the respondent.

2. This Letters Patent Appeal has been filed by the appellants-original respondents challenging the judgment dated 11.10.2013 passed by the learned Single Judge in Special Civil Application No.8818 of 2009, by which, the learned Single Judge has allowed the writ petition with the following directions as contained in paragraph-7 of the judgment which is extracted below:

“7. For the reasons recorded above, this petition is allowed and for owing order is passed and directions are given.

A. The impugned award of the Labour Court is quashed and set aside and the petitioner is held to be entitled to the benefits under the Government Resolution dated 17.10.1988.

B. The respondent Authorities are directed to extend all the benefits flowing from the Government Resolution dated 17.10.1988 to the petitioner, considering 24.11.1988 as his initial date of appointment, as a Wireman.

C. The petitioner shall be paid arrears and all consequential benefits, within a period of three months from today. While calculating and making payment of the arrears, the amount which is already paid to the petitioner for the relevant period, shall be adjusted.

D. The petitioner is also held to be entitled for the wages for the period during which he was illegally kept out of service. The said period is indicated to be from 2 8.12.2006 to 20.10.2008. Respondents are directed to make payment of wages to the petitioner for the said period as well.”

4. The argument of the learned counsel for the appellants is that the respondent-original petitioner was engaged by the appellants-original respondents Authority as a Wireman on 24.11.1988, whereas the benefit was to be conferred as per the Government Resolution dated 17.10.1988 to those workmen, who were employed prior to 01.10.1988.

5. This was not accepted by the Apex Court in the case of Bhartiya Seva Samaj Trust and another v. Yogeshbhai Ambalal Patel and another reported in (2012) 9 SCC 310 and the same view has been taken by the learned Single Judge. We have also taken a similar view while deciding the Letters Patent Appeal No.325 of 2013 to Letters Patent Appeal No.330 of 2013 with Letters Patent Appeal No.789 of 2013 by judgment dated 16.07.2014.

6. The controversy involved in this appeal squarely covered by the decision of the Apex Court as well as the decision of the Division Bench mentioned above and we do not find any illegality or infirmity in the order passed by the learned Single Judge. This appeal is devoid of any merits and is, accordingly, dismissed.

7. The direction given by the learned Single Judge in para-7(C) is modified only to the extent that time to comply with the order dated 11.10.2013 of the learned Single Judge is extended for a period of three months from today subject to the directions mentioned above.

8. In view of disposal of the present Letters Patent Appeal, Civil Application No.3642 of 2014 is also disposed of.