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2022 Supreme(Guj) 143

BIREN VAISHNAV
Vanrajsinh Ajitsinh Parmar – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :P.C. Chaudhari, Advocate.
For the Respondents: Meet Thakkar, AGP.

JUDGMENT :

Biren Vaishnav, J.

1. RULE returnable forthwith. Learned AGP Mr. Meet Thakkar waives service of Rule on behalf of the respondents.

2. In this petition under Article 226 of the Constitution of India, the prayer of the petitioner is to direct the respondents to grant the benefits of the resolution dated 17.10.1988 to the petitioner from initial date of joining considering the fact that by virtue of the award of the Labour Court dated 26.12.2006, reinstatement was granted with continuity of service, in the award made though not have specifically mentioned the word "continuity".

3. Mr. P.C. Chaudhary learned counsel for the petitioner would draw the attention of this court to a decision rendered by the coordinate bench of this Court in Special Civil Application Nos. 13095 of 2016 and 2192 of 2011, wherein considering several decisions of this Court including the decision of the Supreme Court, the Court in Special Civil Application Nos. 13095 of 2016 held as under:

    "5. In Vasantika R. Dalia v. Baroda Municipal Corporation [1998(2) LLJ 172], this Court was posed to interpret the judgment and award of the Labour Court which granted the relief of reinstatement to the workmen. The rel

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