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VAIBHAVI D. NANAVATI
Tayab Alarakha Laka – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
Vaibhavi D. Nanavati, J.
1. By way of present petition, the petitioner herein seeks directions qua the respondent authorities to regularize the service of the petitioner following the ratio laid down by the Hon’ble Apex Court in case of State of Gujarat & Ors. vs. PWD Employees Union & Ors., reported in 2013 (8) Scale 579.
2. Heard Mr. Samir B. Gohil, learned advocate appearing for the petitioner and Ms. Nidhi Vyas, learned AGP appearing for the respondents.
3. Brief facts leading to the filing of the present petition read thus:
3.1 The petitioner is working as daily wager (Rojamdar); having joined the service under the respondent No.3 on 01.12.1982. The petitioner’s service came to be terminated on 13.12.1993. The petitioner challenged the said order of termination before the Labour Court, Junagadh, in Reference L.C.J. No.20 of 2001. By the award dated 30.03.2013, the Labour Court held the termination illegal and directed the respondent No.3 to reinstate the petitioner with continuity of service; duly produced at Annexure – A. The said order was subject matter of challenge in Special Civil Application No.16261 of 2014 whereby, in the said order, there was a joint statement m
The court established that continuity of service recognized by a Labour Court must be considered for granting benefits under government resolutions for daily wage workers.
The court established that continuity of service recognized by the Labour Court is essential for granting benefits under government resolutions for daily wage workers.
Daily wage workers with over five years of service are entitled to benefits under the government resolution, irrespective of the 240 days work requirement.
Piece-rate workers are entitled to benefits under the Government Resolution 17.10.1988 as they fall within the definition of wages under the Industrial Disputes Act.
All those persons who would be entitled to regularisation/permanent status prior to April 01, 2005 shall be given the benefit of earlier scheme i.e. GPF. However, those who attain this status after A....
The Government Resolution dated 17.10.1988 applies to all departments in the State of Gujarat, and the concerned respondent authority is directed to pay all consequential benefits to the petitioner w....
Labour Law – Daily wager worker - Grant of pay revision - Daily wage workers and semi skilled who have completed more than 15 years of their service will get one increment, two increments for 20 year....
A piece-rate worker is entitled to the same benefits as daily wagers under Government Resolution 17.10.1988, highlighting the necessity of equitable treatment in employment rights.
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