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VIPUL M. PANCHOLI, HEMANT M. PRACHCHHAK
Executive Engineer – Appellant
Versus
Dhirabhai Bhurabhai Pagi Since Decd. Through Shantaben Wd/O Dhirabhai Pagi – Respondent
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
The main legal point established in the judgment is that the entitlement to pensionary benefits and the calculation of 240 days of service, including Sundays and official/public holidays, are to be d....
The main legal point established in the judgment is the entitlement of daily wagers to pensionary benefits by counting the entire period of service as continuous under Section 25B of the Industrial D....
The main legal point established in the judgment is that a daily wager is entitled to pensionary benefits by counting the entire period of service from the date of entry until retirement, as per the ....
The main legal point established in the judgment is that daily wagers are entitled to pensionary benefits based on their continuous service and working days, as per the G.R. dated 17.10.1988 and Sect....
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