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NIKHIL S. KARIEL
Amarsinhbhai Kanjibhai Rathod – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. Heard learned advocate Mr.Nilesh Shah on behalf of the petitioner and learned Assistant Government Pleader Mr.Ayaan Patel on behalf of the respondent – State.
2. Issue Rule returnable forthwith. Learned AGP waives service of rule on behalf of the respondent – State.
3. Considering the submissions made by learned advocate Mr.Shah, it would appear that the late wife of the present petitioner along with six other persons who were working as daily rated employees with the respondent no.3 had been terminated from service and had preferred a reference case before the learned Labour Court being Reference (LCS) No.83/2001. The learned Labour Court vide award dated 12.01.2007 had directed the workmen to be reinstated without the benefit of backwages.
3.1. It would appear that the said award had been challenged by the State before this Court by preferring Special Civil Application No.17885/2007 and whereas, the said petition had been rejected by this Court. It would appear that subsequently, the respondent no.3 passed an order dated 07.11.2012 treating the wife of the present petitioner and other workmen as fresh appointees without any reference to their past service from 1996 to 2
Reinstatement inherently includes continuity of service, entitling the employee to benefits from the initial date of joining, despite a period of illegal termination.
Point of law: Once the issue, as ordered while setting aside the termination, has ordered of reinstatement, the continuity of service cannot be denied and the case of is of not fresh appointment, but....
Continuity of service is inherent in reinstatement, entitling the petitioner to benefits from the initial date of joining despite the illegal termination.
Once the termination is set aside, the employee cannot be denied continuity of service once reinstatement is directed.
Reinstatement of employees following illegal termination entails continuity of service, allowing for benefits under applicable government resolutions from the initial date of joining.
Reinstatement of a worker inherently includes continuity of service, entitling them to benefits from the initial date of joining.
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