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VIPUL M. PANCHOLI, HASMUKH D. SUTHAR
Chief Administrative Officer – Appellant
Versus
Rajubhai Rambhujbhai Yadav – Respondent
ORDER :
VIPUL M. PANCHOLI, J.
1. This appeal is filed under Clause 15 of the Letters Patent by the appellants- original respondents wherein the appellants have challenged the order dated 23.02.2022 rendered by the learned Single Judge of this Court whereby the learned Single Judge has allowed the petition filed by the respondent- original petitioner.
2. Heard Mr. H. S. Munshaw, learned advocate appearing for the appellants and Ms.Reena Kamani, learned advocate for the respondent.
3. Mr.Munshaw, learned advocate for the appellants mainly submits that the respondent-original petitioner was working with the appellants- original respondents since 30.06.1988 as a ‘Rojamdar’ Helper under the Deputy Executive Engineer, Surendranagar. It is submitted that the case of the respondent- original petitioner is that the services of the original petitioner came to be terminated with effect from 01.07.1992, and therefore, the original petitioner approached the Labour Court by filing Reference (LCF) No.97 of 1995. The Labour Court passed an award on 03.04.2006 whereby the original respondents were directed to reinstate the original petitioner without back wages. The original petitioner as well as the a
The entitlement to continuity of service and benefits as per the Labour Court's award and the Government Resolution dated 17.10.1988.
When the Labour Court grants continuity of service, the benefits arising from the Government Resolution dated 17.10.1988 should be available as a necessary corollary, and the employer cannot deny con....
If the Labour Court does not specifically deny continuity of service, the concerned worker is entitled to it.
The main legal point established is that the Government Resolution dated 17.10.1988 applies to extend benefits to those working on a daily wage basis, and continuity of service is crucial in determin....
The main legal point established is that continuity of service should be granted based on an award of reinstatement by the Labour Court unless expressly denied.
Implicit grant of continuity of service when not specifically denied by the Labour Court.
The key legal principle established is the grant of continuity of service from the date of reference in 1993 and entitlement to pensionary benefits for completing more than ten years of service under....
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