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A. J. DESAI, MAUNA M. BHATT
Executive Engineer – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
A.J. Desai, J.
1. By way of the present appeal under clause 15 of the Letters Patent, the appellants - original respondent Nos.1, 2 & 3 have challenged oral judgement dated 22/04/2022 passed by learned Single Judge in Special Civil Application No.9897 of 2012, by which, while allowing the writ petition preferred by the original petitioner, learned Single Judge has held that the original petitioner is entitled to get benefits as per Government Resolution dated 17/10/1988 as he was reinstated in the year 1993 pursuant to the order passed by Labour Court in reference proceedings. Learned Single Judge further held that the appellants shall grant pensionary benefits including gratuity and other retiral benefits considering the continuous service of the original petitioner from 1993 to 2006.
While disposing of the petition, it was made clear that the original petitioner would not be entitled for arrears from 1993 to 2006 since he was retired from the services on 30/04/2006 on attaining the age of superannuation.
This appeal has been opposed by the respondent - original petitioner, who has filed caveat through learned advocate Mr. Mukesh Rathod.
2. Short facts, arising from the reco
The key legal principle established is the grant of continuity of service from the date of reference in 1993 and entitlement to pensionary benefits for completing more than ten years of service under....
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....
The entitlement to continuity of service and benefits as per the Labour Court's award and the Government Resolution dated 17.10.1988.
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....
Reinstatement of a worker inherently includes continuity of service, entitling them to benefits from the initial date of joining.
If the Labour Court does not specifically deny continuity of service, the concerned worker is entitled to it.
Once the termination is set aside, the employee cannot be denied continuity of service once reinstatement is directed.
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