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BIREN VAISHNAV
Hasmukh Hirjibhai Songra – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. RULE returnable forthwith. Mr.Utkarsh Sharma learned AGP waives service of notice of Rule on behalf of the respondent State.
2. With the consent of learned advocates for the respective parties, the petition is taken up for final hearing.
3. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the communication dated 28.03.2022 and direct the respondents to extend the benefits of the Government Resolution dated 17.10.1988 considering the services of the petitioner from his initial date of appointment i.e. 21.07.1988.
4. Facts in brief would indicate that the petitioner had joined the department as a daily wager on 21.07.1988 and worked upto 10.12.1999. thereafter, the services of the petitioner were terminated on 10.12.1999. An industrial dispute was raised and it being referred to the Labour Court, the Labour Court, by an award dated 27.08.2012, directed reinstatement with continuity of service.
5. Challenge to the award by filing a petition being Special Civil Application No.3528 of 2013 resulted in modification of the award only qua back-wages. Letters Patent Appeal too was dismissed. Despite this, it wa
The main legal point established is that once a finding is affirmed by the competent Court, the authorities cannot independently contravene the finding.
The main legal point established is that continuity of service should be granted based on an award of reinstatement by the Labour Court unless expressly denied.
When the Labour Court grants continuity of service, the benefits arising from the Government Resolution dated 17.10.1988 should be available as a necessary corollary, and the employer cannot deny con....
Continuity of service is inherent in reinstatement, entitling the petitioner to benefits from the initial date of joining despite the illegal termination.
Reinstatement of a worker inherently includes continuity of service, entitling them to benefits from the initial date of joining.
The main legal point established is that the Government Resolution dated 17.10.1988 applies to extend benefits to those working on a daily wage basis, and continuity of service is crucial in determin....
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