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2017 Supreme(Guj) 994

AKIL ABDUL HAMID KURESHI, BIREN VAISHNAV
Executive Engineer Panchayat (MAA & M) Department – Appellant
Versus
Samudabhai Jyotibhai Bhedi – Respondent


Advocates Appeared:
For the Appellants : H.S. Munshaw
For the Respondents: Rajesh P. Mankad

JUDGMENT :

Akil Abdul Hamid Kureshi, J.

1. This appeal is filed by the Dahod district panchayat challenging the judgment of the learned Single Judge dated 07.08.2015 passed in Special Civil Application No. 67 of 2012. At the center of the controversy is the right of a daily wager employee who was later on, as per the Government Resolution, regularized in service to receive pension. Learned Single Judge having directed the panchayat and State authorities to grant such pension, the panchayat is in appeal before us. To appreciate the controversy, we may refer to the relevant facts in brief.

2. The employee-original petitioner joined services of the panchayat as the labourer on daily wage basis on 28.05.1977. According to him, since then he was employed virtually and uninterruptedly and all throughout the period and in the process had completed more than 10 years of continuous service as provided in section 25B of the Industrial Disputes Act. In other words, in all those years, the petitioner had put in more than 240 days of actual work. On the basis of Government Resolution dated 17.10.1988, his service was also regularized with effect from 31.01.2006. He retired on crossing the age of s














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