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BIREN VAISHNAV
Paragbhai Popatbhai Loladiya – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. Rule returnable forthwith. Mr. Kurven Desai, learned AGP waives service of notice of Rule on behalf of the respondent-State.
2. The prayer in the petition is that the petitioners be held to be entitled to benefits of resolution dated 17.10.1988 from the initial date of appointment i.e. 27.06.1981 and 01.05.1980. By the impugned order, the benefits have been restricted to the date on which the petitioners no. 1 and 2 complete five years of service as on 31.05.2019 and 30.04.2018 respectively.
3. Mr. Mishra, learned advocate appearing for the petitioner would submit that though the awards of the Labour Court in case of both of the petitioners on 04.08.2000 did not expressly mention the word ‘continuity of service’ by discounting the initial date of appointment, the respondents have infact restricted the benefits of the resolution dated 17.10.1988. He would submit that it is also apparent that the Labour Court awards were under challenge in the respective petitions and this court by order dated 12.07.2010 dismissed the petitions of the State in light of the decision rendered by this court in Special Civil Application No. 10833 of 2021, which has considered the decision of Nand
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.
The main legal point established is that once a finding is affirmed by the competent Court, the authorities cannot independently contravene the finding.
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....
Once the termination is set aside, the employee cannot be denied continuity of service once reinstatement is directed.
Reinstatement inherently includes continuity of service, entitling the employee to benefits from the initial date of joining, despite a period of illegal termination.
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