Implicit grant of continuity of service when not specifically denied by the Labour Court.

JUDGMENT :

1. Rule. Learned AGP, Mr. Hardik Mehta, waives service of rule for the Respondents.

2. This is a petition filed under Articles 226 and 227 of the Constitution of India, seeking the following reliefs :

“17. …

A. This Hon’ble Court be pleased to issue an order, writ in the nature of mandamus and/or certiorari or other appropriate writ, order or direction, declaring that the decision on the part of the respondent No.2 not reinstating petitioner on original post of skill employee and to deny the benefits of continuous service to the petitioner after the order of this Honourable Court and non-fixation of his pay, after reinstatement, as illegal, unjust, arbitrary and in contravention of order of this Court and direct the respondent to reinstate the petitioner on original post of skill employee and extend all the benefits of continuous service to the petitioner and pay all arrears of amount to the petitioner with 12% interest.

B. Be pleased to declare the act of the respondent not granting benefits of continuous service, as per the award of the Labour Court as unfair labour practice.

C. Be pleased to declare that the respondent authorities have adopted unfair labour practice and mala fide withheld the benefits of continuous service to the petitioner and therefore direct the respondent to grant all the benefits of continuous service to the petitioner and pay the arrears of amount with 12% interest to the petitioner and further the respondent No.1 to recover the amount of the interest from the erring officer.

D. Be pleased to direct the respondent to pay special cost and compensation to the petitioner for present’s litigation and for mental tension and hardship caused to the petitioner for non granting the benefits of continuous service to the petitioner by the respondents.

E. Pending admission and final disposal of the petitioner be pleased to direct the respondents to fix the seniority and pay of the petitioner by granting continuous service to the petitioner and pay the arrears of difference of salary accordingly.

C. ...”

3. Heard, learned Advocate, Ms. Rita Kamani, for learned Advocate, Mr. P.H. Pathak, appearing for the petitioner and learned AGP, Mr. Mehta, for the Respondents.

4. Learned Advocate, Ms. Kamani, submitted that the petitioner was employed as a skilled labourer by Respondent No.2 in the year 1979.

4.1 The services of the petitioner came to be terminated on 21.03.1991 and therefore, the petitioner raised an industrial dispute and the same was referred to the Labour Court, Ahmedabad, and registered as Reference (LCS) No. 77 of 1991.

4.2 The Labour Court passed the award on 05.01.2007 and thereby, directed the Respondents to reinstate the petitioner on the original post, but, without any back-wages.

4.2.1 A copy of the award passed by the Labour Court is placed on record at Page-13 of the compilation.

4.3 It is submitted that the Respondents challenged the award of the Labour Court by filing Special Civil Application No. 17582 of 2007 and this Court rejected the same vide order dated 03.08.2007.

4.3.1 A copy of the order dated 03.08.2007 passed by this Court is produced at Page-25 of the compilation.

4.4 It was contended that, thereafter, the petitioner came to be reinstated on 19.09.2008 vide order dated 29.07.2008.

4.5 The grievance of the petitioner in the present petition is that, while granting reinstatement to the petitioner, continuity of service is not given and the benefits, which are available to the petitioner, as per the Government Resolution dated 17.10.1988, were granted from the date or reinstatement, i.e. 19.09.2008, and not from the date of his initial appointment, i.e. from the year 1979.

4.6 Hence, the petitioner has filed the present petition.

4.7 At the outset, learned Advocate, Ms. Kamani, appearing for the petitioner, under the instructions, submitted that as the petitioner expired during the pendency of this petition, the wife of the original petitioner is not claiming the benefits of pay-scale, as per G