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2022 Supreme(Guj) 142

BIREN VAISHNAV
Rajbai Aelamkhan Malek – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Nilesh M. Shah, Advocate.
For the Respondents: Kurven Desai, Adv

JUDGMENT :

Biren Vaishnav, J.

1. Rule returnable forthwith. Mr. Kurven Desai, learned AGP, waives service of rule on behalf of the respondent - State.

2. In this petition under Article 226 of the Constitution of India, while issuing notice in the petition, this Court passed the following order:

    "Heard learned Advocate Mr. Nilesh M. Shah for the petitioner and learned AGP Ms. Surbhi Bhati for the respondent-State.

By way of this petition, the petitioner seeks indulgence of this Court for conferment of benefits available to the petitioner under Government Resolution dated 17.10.1988 from the date of entry of the petitioner in service and not from the date of the award of the learned Labour Court.

Learned Advocate Mr. Shah would submit that while the petitioner had joined services with the respondents from the year 1982, the petitioner along with other co-employees had been terminated from the services of the respondents orally and whereas the petitioners having raised a dispute and the matter having been decided by the learned Labour Court, Surendranagar in Reference (LCS) No. 7 of 2002 directing that the petitioners be reinstated in service. Learned Advocate Mr. Shah would submit that the

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