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BIREN VAISHNAV
Kanubhai Bhailalbhai Raval – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
1. Mr. V.K. Joshi learned advocate for the applicant in Civil Application, would invite this Court’s attention to an order passed in identical matter. In that view, the main matter is taken up for final hearing today. Thus, Civil Application for fixing date of hearing of the main matter stands allowed.
2. So far as main petition is concerned, RULE, returnable forthwith. Mr. Kurven Desai learned AGP waives service of notice of Rule on behalf of the respondent State.
3. With the consent of learned advocates for the respective parties, the petition is taken up for final hearing.
4. By way of this petition under Article 226 of the Constitution of India, the prayer in the petition is to declare the action on the part of the respondents in not making full payment of pensionary benefits to the petitioners by counting their entire length of service from the date of joining till date of retirement.
5. Facts in brief would indicate that petitioners have been in service as Rojamdars for a period of 25 years. They have been extended the benefit of the resolution dated 17.10.1988 on completion of 10 years of service. For the purposes of pension, the date has been taken as the date on whic
The main legal point established in the judgment is the entitlement of employees to have their past services counted for pensionary benefits, as per the provisions of the Industrial Disputes Act and ....
The main legal point established in the judgment is that past services of daily wagers, when fulfilling the conditions of Section 25B of the Industrial Disputes Act, qualify for pension, and the enti....
The main legal point established in the judgment is that past services of daily wagers, when they completed 240 days continuous service as per section 25B of the Industrial Disputes Act, qualify for ....
The main legal point established in the judgment is that the entire length of service from the date of initial appointment should be considered for the purposes of fixation of pensionary benefits.
The main legal point established in the judgment is that the benefits of pension to daily wagers should be calculated from the date of their initial appointments, as per the Government Resolution dat....
The main legal point established in the judgment is that the continuous service of daily wagers from the date of their initial appointments should be counted for the purpose of pension, as clarified ....
Service prior to regularization should be considered for pension calculation, as clarified by the Government circular.
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