Back
N. V. ANJARIA, PRANAV TRIVEDI
Bhavnagar District Panchayat & Anr. Bhavnagar District Panchayat – Appellant
Versus
Kantibhai Rajabhai Borichakantibhai Rajabhai Boricha – Respondent
JUDGMENT :
PRANAV TRIVEDI, J.
The present Letters Patent Appeal under clause 15 of the Letters Patent is filed by the original respondents assailing the correctness of the judgment and order dated 06.03.2020 passed by the learned Single Judge in Special Civil Application No. 21570 of 2017.
2. The prayer made in the writ petition before the learned Single Judge by the original petitioners–present respondents was to give appropriate directions to grant benefits of Government Resolution dated 17.10.1988 to the petitioners on completion of 20 years of service and further direct to grant arrears arising out of it with 8% interest thereon.
3. The learned Single Judge held that once the Labour Court has come to the conclusion that the termination of the petitioners were ineffective and since it was in violation of provisions of the Industrial Tribunal Act, reinstatement was directed. Continuity would therefore, naturally follow. It was further directed that the continuity is to be read into the awards passed by the Labour Court, the entire period of service right from the date of reinstatement has to be treated as continuous and uninterrupted.
3.1. It was further observed by the learned Single
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....
Delay in asserting rights and sympathetic reinstatement may disentitle a petitioner from claiming continuity of service.
The entitlement to continuity of service and benefits as per the Labour Court's award and the Government Resolution dated 17.10.1988.
The main legal point established is that continuity of service should be granted based on an award of reinstatement by the Labour Court unless expressly denied.
Reinstatement inherently includes continuity of service, entitling the employee to benefits from the initial date of joining, despite a period of illegal termination.
The key legal principle established is the grant of continuity of service from the date of reference in 1993 and entitlement to pensionary benefits for completing more than ten years of service under....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
