JUDGMENT :

Biren Vaishnav, J.

1. In view of the averments made in the memo of the Civil Application for fixing date of hearing, the same is allowed and the main matter is taken up for final hearing today.

2. Heard Mr. Krishnan Ghevariya learned advocate for Mr. Murli Devnani learned advocate for the petitioner and Mr. Meet Thakkar learned AGP for the respondent State.

3. The case of the petitioner is that the petitioner is entitled to the benefits of the resolution dated 17.10.1988 in view of the fact that the award of the Labour Court though silent on the aspect of continuity of service which was actually meant to have given such benefit.

4. Mr. Ghevariya would rely on the order dated 15.09.2021 passed by this Court in Special Civil Application No. 14297 of 2019.

5. Mr. Meet Thakkar would rely on paragraphs 4 to 6 of the affidavit in reply filed to submit that the petitioner was employed in the year 1987-88 in the project 'Gramya Marg Yojna' as unskilled daily wager. He was retained for the road site for this particular project only and after completion of which in the year 1988-1989, he was no more retained and therefore he is not entitled to the benefits of the resolution dated 17.10.