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A. S. SUPEHIA, GITA GOPI
Panchmahal District Panchayat Through its District Development Officer – Appellant
Versus
Bharatbhai Hathibhai Bariya – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present Letters Patent Appeal filed under Clause 15 of the Letters Patent, 1865 is directed against the order dated 14.10.2022 passed by the learned Single Judge rejecting the captioned writ petition filed by the present appellant - Panchmahal District Panchayat, assailing the order dated 01.01.2020, passed by the Labour Court at Godhra in Recovery Application (C-2) No.92 of 2008.
2. By the aforesaid award, the Labour Court has granted the benefit of pension to the respondent – workman. After he was granted the benefits arising from the Resolution dated 17.10.1988, the respondent-workman filed the Recovery Application seeking the benefit of pension from 30.09.2003, i.e, the date when he took the voluntary retirement. The Labour Court has held that as per the Government Resolution dated 17.10.1988, on completion of 10 years continuous service, a daily-wager like the present respondent-workman is entitled to get the benefit of pension. It was held that in fact, the respondent-workman did not tender his resignation but, he has already retired from service, as he was ill and suffering from paralysis. Accordingly, the Labour Cou
A daily-wager who completes 10 years of continuous service is entitled to pension benefits under the Government Resolution dated 17.10.1988.
The main legal point established in the judgment is that a daily wager is entitled to pensionary benefits by counting the entire period of service from the date of entry until retirement, as per the ....
The main legal point established in the judgment is the entitlement of daily wagers to pensionary benefits by counting the entire period of service as continuous under Section 25B of the Industrial D....
The main legal point established in the judgment is that the entitlement to pensionary benefits and the calculation of 240 days of service, including Sundays and official/public holidays, are to be d....
The main legal point established in the judgment is the interpretation of the G.R. dated 17.10.1988 and the relevance of past continuous service for extending benefits under the resolution.
The main legal point established in the judgment is that the benefits of pension to daily wagers should be calculated from the date of their initial appointments, as per the Government Resolution dat....
Work charge service must be included in qualifying service for pension eligibility, aligning with constitutional principles and judicial precedents.
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