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VIPUL M. PANCHOLI, HASMUKH D. SUTHAR
PANCHMAHAL DISTRICT PANCHAYAT – Appellant
Versus
BALVANTBHAI KALUBHAI PAGI – Respondent
ORDER :
1. This appeal is filed under Clause 15 of the Letters Patent against the order dated 29.04.2022 passed by learned Single Judge in Special Civil Application No. 2676/2021.
2. Heard learned advocate, Mr. H.S. Munshaw for the appellants, learned advocate, Mr. Dipak Dave for the respondent no. 1 and learned AGP Mr. Kurven Desai for the respondent no. 2.
3. Learned advocate, Mr. Munshaw submitted that the present appellants are the original petitioners, who have challenged the order dated 24.01.2020 passed by the Labour Court in Recovery Application No. C-2-102/2008, whereby the Labour Court directed the appellants-original petitioners to release the benefit of pension in favour of the respondent-workman.
4. It is submitted that the respondent-workman was offered work as daily wager in November, 1976 without following procedure of recruitment and he was offered work based on availability of the work and funds. It is submitted that the benefit of GR dated 17.10.1988 was extended to the respondent-workman on completion of 5 years on 01.11.2022 and, thereafter on completion of 10 years of service as daily wager on 01.04.2007, however, the respondent - workmen is not entitled to get th
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 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 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 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....
The main legal point established in the judgment is that the entire length of service from the date of initial appointment should be considered for the purposes of fixation of pensionary benefits.
The central legal point established in the judgment is that the period of 10 years as a daily wager should be considered for the grant of pension and gratuity, in accordance with relevant legal provi....
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