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VIPUL M. PANCHOLI, HEMANT M. PRACHCHHAK
STATE OF GUJARAT – Appellant
Versus
BHAGWANBHAI MOTIBHAI MALIVAD – Respondent
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. The present Letters Patent Appeal is filed by the appellants-original respondents under Clause 15 of the Letters Patent challenging the impugned judgment and order dated 2nd February 2022 passed by the learned Single Judge in Special Civil Application No. 15845 of 2020 whereby the learned Single Judge has allowed the petition.
2. Brief facts of the present appeal are in nutshell as under:
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....
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....
Once the termination is set aside, the employee cannot be denied continuity of service once reinstatement is directed.
A piece-rate worker is entitled to the same benefits as daily wagers under Government Resolution 17.10.1988, highlighting the necessity of equitable treatment in employment rights.
Continuity of service is established upon reinstatement, and benefits under the Government Resolution cannot be denied based on prior illegal termination.
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 ....
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