JUDGMENT :

BIREN VAISHNAV, J.

1. Rule returnable forthwith. Mr. Kurven Desai, learned Assistant Government Pleader waives service of notice of rule on behalf of respondents.

2. With consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today.

3. By way of this petition, the prayer in the petition is that after having retired from service with effect from 30.11.2014, the petitioner is entitled to the benefit of the Resolution dated 17.10.1988 with effect from 1.10.1988 notionally upto 10.5.2007 and further entitled the difference of salary from 11.5.2007 to 30.11.2014. The other prayer is for leave encashment of 300 days.

4. Facts in brief would indicate that the petitioner was employed by the Deputy Executive Engineer, Dhrangadhra as Daily Wager since 1977. His services were terminated in August, 1985 as a result of which he raised an Industrial Dispute. The Labour Court, by an award dated 10.5.2007 partly allowed the Reference and directed reinstatement without backwages. On a challenge to the award, Special Civil Application was filed and was dismissed on 13.12.2007. The petitioner was reinstated in the year 1.10.2008.

5. Mr. Sh