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2024 Supreme(Guj) 646

BIREN VAISHNAV, PRANAV TRIVEDI
State Of Gujarat Through The District Land Measurement Office – Appellant
Versus
Prabhatsinh Shankarbhai Vaghela – Respondent


Advocates Appeared:
For the Parties : Ms. Roshni Patel, Ms. Himani Kini, Mr. Amit Patel, Mr. J.A. Adeshara.

ORDER :

(Biren Vaishnav, J.)

1. These appeals arise out of the oral judgement dated 26.02.2021 passed by the learned Single Judge in the respective captioned petitions by which the learned Single Judge dismissed the petitions of the State confirming the awards passed by the Labour Court which were impugned in the respective writ petitions.

2. Since the facts in these appeals are common, we shall take into consideration facts of Letters Patent Appeal No. 177 of 2022 for the sake of convenience.

2.1 Before the Labour Court, it was the case of the respondent workman that he was working in the establishment of the appellant State since November 1998 as Peon on a monthly salary of Rs.1350/-. His service was terminated on and from 28.02.2006. It was his case that he had worked for over ten years in the establishment.

2.2 The contention of the appellant State was that the workman was working as a daily wager; that he had not worked for 240 days of service in each year; he was not entitled to reinstatement and backwages. The labour Court by the impugned award granted reinstatement with continuity of service.

3. Ms. Roshni Patel, learned AGP appearing for the appellant State would submit that the

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