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2022 Supreme(Guj) 182

BIREN VAISHNAV
Jagabhai Chaganbhai Parmar – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Nilesh M. Shah
For the Respondent: Mr. Surabhi Bhati, Ms. Sejal K. Mandavia

JUDGMENT :

1. Heard learned advocates for the parties.

2. This petition under Article 226 of the Constitution of India is filed against the non granting of benefit of Resolution dated 17.10.1988 to the petitioner.

3. The facts of the case would indicate that the petitioner on being terminated had approached the Labour Court by raising a dispute by way of Ref. (LCS) No. 274 of 1992. By an award dated 11.06.1997, the reference was partly allowed and the petitioner was ordered to be reinstated with 20% backwages.

4. The only ground on which the petitioner seems to be deprived of the Government Resolution dated 17.10.1988 that the award of the Labour Court specifically does not mention 'Continuity of Service'.

4.1 Ms. Mandavia, learned advocate for the respondents no. 2 to 4 has relied on the decision of this court rendered in SCA No. 8366 of 2015 which was confirmed by the Division Bench of this court in LPA No. 1214 of 2019. She has also relied on the decision of the Division Bench in another appeal being LPA No. 492 of 2016. Reliance is also placed by Ms. Mandavia on the decision of the Apex Court in the case of A.P. State Road Transport Corporation and Others v. Abdul Kareem [(2005) 6 S

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