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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Nikhil S. Kariel, J.
Karsanbhai Govabhai Vadher – Appellant
Versus
Gujarat Maritime Board – Respondent
R/Special Civil Application No. 1902 of 2020
Date of Decision : 30-03-2022
Industrial Disputes Act, 1947 - Section 24B, 25B - Bombay Civil Services Rules, 1959 – Termination - Daily Wager - Petitioner had challenged his termination from service by preferring a Reference, which was renumbered, before learned Labour Court - Labour Court, vide award partly allowed Reference, directing respondent authorities to reinstate petitioner in service with 20% back wages with continuity of service - Whether for purpose of pension, past service of completed years prior to regularization would be considered - Whether pensionable service would be confined to service put in by employee after he is actually regularized – Held, Having regard to law laid down by Hon'ble Division Bench it becomes clear that reliance placed by respondents on Government Resolution is misplaced - Petitioner is entitled to pensionary benefits considering his entire service from date of his entry in service with respondents - Furthermore, in view of observations in preceding paragraphs period for which petitioner did not work cannot be excluded more particularly since such period would be covered under term "continuity of service" as held by learned Labour Court and as accepted by respondents herein - Having regard to discussions herein above, impugned order is required to be quashed and set aside and accordingly, impugned order is quashed and set aside - pension case of present petitioner shall be reworked by respondents, more particularly taking into consideration period of 10 years prior to 1.3.1993 for period of computing pension and whereas period between 1984 to January 2001 shall also be treated as period in duty for purpose of computation of pension - Respondents shall calculate pension as directed by this Court within a period of eight weeks from date of receipt of this order and whereas petitioner shall be entitled to actual arrears of pension and retiral benefits and interest accrued thereupon from date of entitlement till date of actual payment - Petition stands disposed of.
JUDGMENT :
1. Heard learned Advocate Ms.Harshal Pandya on behalf of the petitioner and learned Advocate Ms. Reeta Chandarana appearing for the respondents.
2. Issue Rule returnable forthwith. Learned Advocate Ms. Reeta Chandarana appearing for the respondents waives service of Rule.
3. By way of this petition, the petitioner inter alia prays for the following reliefs :-
(A) quash and set aside letter dated 19.10.2019 of Annexure-A to this petition and further be pleased to direct the respondent authorities to finalize the pension case of petitioner and make payment of other retirement dues considering his entire service i.e. from 1.7.1980 with all consequential benefits including revision as per subsequent pay commissions, and (B) direct the respondent authorities to pay arrears of pension and other retirement dues flowing from above prayer clause with interest at the rate which the Hon'ble Court may consider as just and proper in the facts and circumstances of the case,"
4. The facts leading to present petition are as under :-
4.1. The petitioner had been working as Daily Wager Mazdoor from 1.7.1980 till his termination on 11.11.1984 with respondent Gujarat Maritime Board (hereinafter referred to as "respondent Board" for short). The petitioner had challenged his termination from service by preferring a Reference being Ref. (LDR) No.1548 of 1989, which was renumbered as Res. (LCJ) No.1374 of 1990, before the learned Labour Court, Junagadh. Learned Labour Court, Junagadh vide award dated 24.5.2000 partly allowed the Reference, directing the respondent authorities to reinstate the petitioner in service with 20% back wages with continuity of service. It is the case of the petitioner that he came to be reinstated vide Service Order dated 9.1.2001. Thereafter, the petitioner was given benefit of Government Resolution dated 17.10.1988 by paying him fixed pay after five years and regular pay-scale of Rs.750-940 (revised pay-scale of Rs.2550-3200) upon completion of ten years i.e. from 1.3.1994. It is further submitted that the pay-scale of the petitioner came to be revised as Rs.4,440-7,440 (GP Rs.1,300) as per the Sixth Pay Commission recommendation vide Order dated 19.10.2010. On attaining the age of superannuation, the petitioner retired from service on 31.8.2007.
4.2. It is the case of the petitioner that while computing the pension and other retiral dues, the respondent authorities had considered service of the petitioner for only 14 years and 6 months, whereas the actual period of service prior to completion of ten years/regularization of service had not been considered at all. It is further submitted that vide award dated 24.5.2000, the learned Labour Court had directed the respondent authorities to reinstate the petitioner with continuity of service, which award had never been challenged by the respondent authorities before any appellate forum. It is submitted that, therefore, the respondent authorities are bound to consider the entire service period for pensionary and other consequential benefits. It is also averred in the petition that though the petitioner was given the benefits of 6th Pay Commission recommendation from 1.1.2006 as reflects from the Order dated 19.10.2010 (Annexure-C), the said aspect had not been considered while calculating pension and other consequential dues. It is submitted that the petitioner had raised his grievance by submitting a representation dated 8.2.2008 before the Chairman and Mamlatdar of Swagat Programme on 8.2.2008, which was forwarded to the respondent No.2. As there was no reply from the respondent authorities, the petitioner again made a detailed representation on 4.10.2019, in response to which vide letter dated 19.10.2019, the petitioner was intimated that there was no error in fixing the pension of the petitioner. Left
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