Point of law: Once the issue, as ordered while setting aside the termination, has ordered of reinstatement, the continuity of service cannot be denied and the case of is of not fresh appointment, but it is a case of reinstatement.

JUDGMENT :

Draft amendment in the prayer clause is allowed. Amendment is to be carried out forthwith.

1. Rule. Learned advocates appearing for the respective respondents waives service of notice of rule.

2. By the present writ petition, the petitioner has prayed for the following relief:-

“20 (A) This Hon’ble Court may be pleased to issue a writ of certiorari and/or any other writ or writs or orders or directions.

(AA) This Hon’ble Court may be pleased to set aside judgment dt.24-10- 16 passed in Recovery Application No.86/11 passed by the Labour Court Surendranagar

(B) This Hon’ble Court may be pleased to direct the Respondents to give the benefit of Resolution dated 17.10.1988, Ann-H to the petitioner as a legal heir of the deceased Bachubhai Amrashibhai with effect from 01.01.1990 notionally up to 30-05-06 and further be pleased to direct the Respondents to give difference of salary from 01-06-06 to 23-05-13.

(C) This Hon’ble Court may be pleased to direct the Respondents to grant retirement benefits including family pension, gratuity and leave encashment to the petitioner on the basis of 27 years continuous service of the deceased Bachubhai Amarshibhai with 12% interest from 24-05-13 till its actual implementation.

3. The brief facts of the case are as under:-

3.1. The deceased Bachubhai Amarshibhai was employed by the Respondent No.3 as a daily wage labourer since 1985 and since then, he was working continuously. However, the service of the deceased Bachubhai Amarshibhai along with other seven co-employees had been orally terminated by the Respondent No.3 from 27.12.1990. Hence, deceased Bachubhai Amarshibhai and other seven co-employees had raised an industrial dispute, which was adjudicated in Reference (LCS) No.73/94. The Labour Court, Surendrangar by the award dated 30.05.2006, partly allowed the said reference directing Respondent Nos.2 and 3 to reinstate the deceased Bachubhai Amarshibhai and other seven co-employees on their original post without back wages.

3.2. Thereafter, against the said award dated 30.05.2006, the Respondent Nos.2 and 3 filed Special Civil Application No.16424, 30390 to 30396 of 2007, which had been dismissed by a common order dated 19.12.2007. Thereafter, against the said common order dated 19.12.2007, the Respondent Nos.2 and 3 had filed Letters Patent Appeal Nos.2012 to 2018 and 2020 of 2009, which had been dismissed by the order dated 22.12.2009. The deceased Bachubhai Amarshibhai had submitted an application to the Respondent No.3 to reinstate him. Ultimately, the Respondent No.3 reinstated the deceased Bachubhai Amarshibhai by the order dated 16.02.2010.

3.3. The respondent No.3 had not paid wages and hence, deceased Bachubhai Amarshibhai and other five co-employees had filed Recovery Application No.46/09 for claiming wages for the period from 10.06.2006 to 30.06.2009 on the basis of minimum wage, which was partly allowed by Labour Court, Surendranagar by Judgement dated 28.06.2010, against which the deceased Bachubhai Amarshibhai and other five co-employees had filed Special Civil Application No.920/11, which had been allowed by judgment dated 23.03.2011 directing the respondent Nos.2 and 3 to pay wages to the deceased Bachubhai Amarshibhai and other five co-employees as per minimum wage and accordingly the Respondent Nos.2 and 3 had paid an amount of Rs.1,02,081/- to the deceased Bachubhai Amarshibhai as per minimum wage for the period from 01.06.2006 to 30.06.2009.

3.4. Thereafter, the respondent Nos.1 to 3 had not granted the benefits of the Government Resolution dated 17.10.1988, hence deceased Bachubhai Amarshibhai had filed Recovery Application No.86/11 for claiming wages for the period from 01.02.2010 to 31.10.2011 on the basis of Government Resolution dated 17.10.1988. During the pendency of the said application, Bachubhai Amarshibhai passed away on 23.05.2013, hence as a legal heir of the deceased Bachubhai Amarshibhai, the petitioner has been joined in the said application, which had bee