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2018 Supreme(Guj) 1103

N.V.ANJARIA
CHIEF EXECUTIVE OFFICER AND VICE CHAIRMAN – Appellant
Versus
RAMESH HIRALAL SHIYAL – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms Reeta Chandarana(3023)
For the Respondent: Mr Deep D Vyas(3869)

JUDGMENT :

1. Heard learned advocate Mr.Vishal Patel for the petitioners and learned advocate Mr.Deep Vyas for the respondent.

2. This petition filed under Article 227 of the Constitution prays to set aside order dated 13th April, 2011 passed below Exh.1 by learned Principal Senior Civil Judge, Porbandar, in Execution Petition No.17 of 1994.

3. Judgment and decree dated 07.05.1993 was passed in Regular Civil Suit No.78 of 1989 in favour of respondent, who was appointed as daily-rated tradesman under the petitioner Board. It was declared that action on part of the petitioner Board in not absorbing the plaintiff – respondent herein on the vacant post on the establishment and filling up the post by junior employee, was discriminatory. The order of dismissal passed against plaintiff was set aside and it was directed to take him back in service. It was held that he was entitled to all benefits in relation to the post. It was ordered to treat the services as continuous and the plaintiff was held entitled to benefits of increments and other benefits of service payable to the work-charge employees.

3.1 It appears that execution petition was filed in the year 1994 to execute the aforesaid decre
















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