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2024 Supreme(Guj) 557

HEMANT M. PRACHCHHAK
Dhiren R Acharya – Appellant
Versus
Gujarat State Electricity Corporation Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Hemal K Acharya
For the Respondent: Mr. Dipak R Dave

JUDGMENT :

1. The petitioner has filed present petition under Articles 14, 16 and 226 of the Constitution of India and challenged the decision of the respondent dated 19.11.2013 whereby the respondent authority has denied the benefits of Establishment Circular to the petitioner.

2. The facts giving rise to present petition are that the petitioner was appointed on 16.8.1984 as a Store Lasker Work-charged with the respondent at Thermal Power Station, Sikka and was appointed as a Store Lasker on Super-numery post on 11.5.1987. Thereafter, the petitioner was posted as a Junior Assistant vide order dated 11.8.1988. Thereafter, the petitioner was promoted to Sr. Assistant vide order dated 17.4.2001 in the grade of Rs.4000-10025 and since then the petitioner was working as Senior Assistant with respondent. Thereafter, the petitioner and other employees had raised an Industrial Disputes against the respondents vide Reference IT No. 101 of 1991 before the Industrial Tribunal, Rajkot. The Industrial Tribunal had passed an award on 26.7.2004 granting benefits under Establishment Circular No. 446 to the petitioner and other employees. The respondents had given the benefits of Establishment Circu

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