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2023 Supreme(Guj) 402

VIPUL M. PANCHOLI, HEMANT M. PRACHCHHAK
Executive Engineer – Appellant
Versus
Dhirabhai Bhurabhai Pagi Since Decd. Through Shantaben Wd/O Dhirabhai Pagi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR HS MUNSHAW
For the Respondent: MR DIPAK DAVE

ORDER :

VIPUL M. PANCHOLI, J.

1. The appellant Nos. 1 and 2, i.e. the original Respondent Nos. 1 and 2, have preferred the present appeal under Clause-15 of the Letters Patent, challenging the oral judgment and order passed by the learned Single Judge of this Court, Dated: 28.09.2022, in Special Civil Application No. 12082 of 2019, whereby, the learned Single Judge allowed the said petition filed by the present opponent-original petitioner, directing the appellant Nos.1 and 2 to grant pensionary, terminal and other benefits, which had accrued in favour of the late worker, who happened to be the husband of the opponent-wife, i.e. the original petitioner.

2. The brief facts of the case are as under;

The husband of the present opponent-wife was engaged by the appellants as a dailywager with effect from 21.11.1972 and he passed away on 25.07.2003, after rendering the services for about 30 years.

2.1 Therefore, the opponent-wife approached the Labour Court, Godhra, by filing an application, being Recovery Application No. 66 of 2013, under Section 33(C)(2) of the Industrial Disputes Act, 1947 ( ‘Act’, in brief), claiming pensionary benefits.

2.1.1 It appears that the Labour Court dismissed the

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