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2022 Supreme(Guj) 229

BIREN VAISHNAV
Haresh Valji Nagpara – Appellant
Versus
Government of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Navaldan R. Langa.
For the Respondent: Mr. Kurven Desai, AGP.

JUDGMENT :

1. RULE returnable forthwith. Mr. Kurven Desai learned AGP waives service of rule on behalf of the respondent.

2. The petitioner claims all the benefits of resolution dated 17.10.1988 on the basis of an award of the Labour Court dated 15.12.2005 which directs that the petitioner be reinstated with 20% of back-wages.

The award of the Labour Court was confirmed by an oral order dated 24.12.2013 in Special Civil Application No.25328 of 2006.

3. The petitioner was appointed as a daily-wager in June 1986 and was illegally terminated in 1988 and as a result of that, he had to approach the Labour Court as stated herein above.

4. Mr. N.R. Langa learned counsel for the petitioner would submit that the petitioner is similarly situated employee of the petitioners of Special Civil Application No.18284 of 2019, wherein, this Court by an order dated 24.06.2020 held as under:

    "7. In view of the fact that this Court, by an order dated 13.4.2010 passed in Special Civil Application Nos.4431 with 4432 to 4436 of 2010 has modified the award and granting continuity of service, the respondents are directed to consider the case of the petitioners for extending the benefits of GR dated 17.10.1988 in

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