ORDER :

1. This group of appeals under Clause 15 of the Letters Patent arise against the oral order dated 25.2.2022 passed by the learned Single Judge in Special Civil Application No. 19050 of 2021 and allied matters, by which, the learned Single Judge has partly allowed the petitions filed by the petitioners-original workmen directing the appellants herein to confer the benefits flowing from the Government Resolution dated 17.10.1988 from the initial date of appointment of the respective petitioners of the year 1990 within a period of four months from the date of receipt of the order. The learned Single Judge has further clarified that while extending the benefits of Government Resolution dated 17.10.1988, the five allowances and leave encashment for the present shall not be granted to the petitioners and is made subject to outcome of the decision of the Hon’ble Supreme Court in the pending Special Leave to Appeal.

2. The brief facts of the case as emerges from the record of the writ petitions are summarized as under:

2.1. The original petitioners were engaged as daily wager by the appellants herein way back in the year 1990 and were paid minimum wages on monthly basis. It is the case of the petitioners that they have worked with the appellant Department continuously, however by order dated 1.12.1997/10.12.1997, their services were illegally terminated without giving any cogent reasons and without following due procedure of law.

2.2. The petitioners workmen being aggrieved by such illegal action of termination, raised industrial dispute before the Labour Court, Surendranagar, which came to be registered as Reference (LCS) Case Nos. 69 of 2001 and 11 of 2002. The Labour Court after considering the submissions made by the respective parties, passed an award dated 14.09.2006 and 15.09.2006 thereby directing reinstatement of the petitioners on their original post within a period of 30 days from the date of publication of award.

2.3. The appellants being aggrieved by the aforesaid award of reinstatement approached this Court by filing different writ petitions being Special Civil Application Nos. 5319 of 2007 to 5321 of 2007 with Special Civil Application Nos. 4875 of 2007 to 4888 of 2007. The aforesaid group of petitions were heard together and were rejected by common oral judgment dated 27.7.2010.

2.4. The appellant authorities being aggrieved and dissatisfied with the aforesaid oral judgment dated 27.7.2010 preferred Letters Patent Appeal No. 437 of 2011 to 453 of 2011. However, pending the aforesaid Letters Patent Appeals, the appellant authorities issued order dated 7.4.2016 of reinstating the petitioners-workmen. Ultimately, this Court rejected the aforesaid Letters Patent Appeal by common oral judgment dated 20.12.2018. The petitioners thus were actually reinstated in service w.e.f. 7.4.2016.

2.5. It is the case of the petitioners that though they were actually appointed in the year 2016 but in view of the settled legal position, having been reinstated by the Labour Court they were entitled to continuity of service. Thus, the petitioners-workmen claimed that they having put in more than 15 years of continuous service with the appellants-original respondents are entitled to get benefits of Government Resolution dated 17.10.1988.

2.6. The petitioners-workmen approached the Labour Court, Surendranagar directly by filing Recovery Application No. 7 of 2020 thereby praying for realization of difference of arrears amount as per the Government Resolution dated 17.10.1988. The Labour Court, however rejected the aforesaid Recovery Application vide order dated 11.6.2021 by holding that there was no order or award or settlement conferring such benefits.

2.7. The petitioners-workmen approached this Court by filing aforesaid group of petitions under Article 226 of the Constitution of India praying for directions to the respondent authorities to grant benefits flowing from the Government Resolution dated 17.10.1988 i.e. pay scale, dearness allowanc