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NIRZAR S. DESAI
Raghubhai Ukabhai Makwana – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Nirzar S. Desai, J.
1. Since, the issue involved in this petition is squarely covered by the decision of the Coordinate Bench of this Court dated 15.09.2022, rendered in Special Civil Application No.10343 of 2020, with the consent of the learned Advocates for the parties, this matter is taken-up for final hearing and disposal, today.
2. Rule. Learned AGP waives service for the Respondents.
3. By way of this petition, the petitioner has prayed to quash and set aside the orders dated 07.11.2012 and 31.01.2022 to the extent they do not grant the benefit of GR dated 17.10.1988, with effect from 01.10.1988 and to direct the Respondents to grant the benefits with effect from 01.10.1988 notionally upto 12.01.2007 (With Revision of Pay) with a further prayer to direct the respondents to give difference of salary from 13.01.2007 to 29.06.2019 (With Revision of Pay).
4. The brief facts of the case are that the petitioner was working as a daily wager with the Respondents since 1976 and his services came to be terminated with effect from 01.01.1988. The petitioner challenged the same by way of Reference (LCS) No. 83 of 2001, wherein, the concerned Labour Court passed the award dated 12.0
Reinstatement of a worker inherently includes continuity of service, entitling them to benefits from the initial date of joining.
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....
Once the termination is set aside, the employee cannot be denied continuity of service once reinstatement is directed.
Continuity of service is inherent in reinstatement, entitling the petitioner to benefits from the initial date of joining despite the illegal termination.
Reinstatement inherently includes continuity of service, entitling the employee to benefits from the initial date of joining, despite a period of illegal termination.
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