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N. V. ANJARIA, NIRAL R. MEHTA
Gujarat Maritime Board – Appellant
Versus
Bimalbhai Dineshchandra Patni – Respondent
JUDGMENT :
N.V.ANJARIA, J.
Heard learned advocate Ms. Dharmishta Raval for the appellant and learned advocate Mr. Dipak Dave for the respondents.
2. The present Letters Patent Appeal filed under Clause 15 of the Letters Patent is directed against the judgment and order dated 02.05.2017 of learned Single Judge, whereby the learned Single Judge allowed the Special Civil Application filed by respondents herein, the two petitioners.
2.1 The communication impugned was set aside and it was directed to give to the petitioners the benefit of decision of the Supreme Court in State of Gujarat and Ors. vs. PWD Employees Union and Ors. [2013(2) GLH 692 (SC):(2013) 12 SCC 417] upon completion of 10 years of service and to give all consequential benefits treating the petitioners as permanent.
"(i) to direct the respondents to grant benefits of Government Resolution dated 17.10.1988 to the petitioners and the petitioners be treated as permanent employees after completion of 5 years of service and be given all the benefits of permanent employees including regular pay-scale on the date the petitioners completed their
The main legal point established in the judgment is that the adoption of a government resolution by an employer obligates the employer to grant the benefits to the employees as per the resolution, an....
Daily wage workers with over five years of service are entitled to benefits under the government resolution, irrespective of the 240 days work requirement.
The court established that continuity of service recognized by a Labour Court must be considered for granting benefits under government resolutions for daily wage workers.
Labour Law – Daily wager worker - Grant of pay revision - Daily wage workers and semi skilled who have completed more than 15 years of their service will get one increment, two increments for 20 year....
Point of law: The appointment as daily wagers at the grass root level are without following any regular procedure laid down for regular recruitment and therefore they do not have any right of regular....
Point of law: Facts and the principles of law highlighted, render the inaction on part of the respondent authorities (a) in not extending the benefits of 6th Pay Commission to the petitioners; (b) in....
The Government Resolution dated 17.10.1988 applies to all departments in the State of Gujarat, and the concerned respondent authority is directed to pay all consequential benefits to the petitioner w....
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