Back
NIRZAR S. DESAI
Mahendra Jamnadas Parekh – Appellant
Versus
Gujarat Maritime Board – Respondent
JUDGMENT :
NIRZAR S. DESAI, J.
1. With the consent of the learned Advocates for the parties, this matter is taken-up for final hearing and disposal, today. Hence, RULE. Learned Advocate, Ms. Mandavia, waives service for the Respondents.
2. By way of this petition, the petitioners have prayed for a direction to the Respondent-authorities to recalculate their retiral benefits, including pension, from the date of their initial appointment and not from the date of their regularization in service, with a further direction to the Respondents to pay the arrears and grant the benefits to the petitioners along with interest, at the rate, which, this may Court deem fit, in the facts of this case.
3. The brief facts, leading to the filing of this petition, and as canvassed by learned Advocate, Ms. Dhruvi Desai, appearing for learned Advocate, Ms. Pandya, for the petitioners are as under;
All the petitioners came to be appointed by the Respondent-authorities, initially, as daily-wagers on different posts and on different dates, between the years 1984-1985, and the details whereof are produced vide a chart produced as Annexure-A to this petition, which reads thus;
| Sr. No. | Name | Date | |||
Retiral benefits must be calculated from the date of initial appointment, not from the date of regularization, as established by precedents.
The main legal point established in the judgment is that the entire length of service from the date of initial appointment should be considered for the purposes of fixation of pensionary benefits.
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....
Employees regularized from daily wage status are entitled to count prior service for pension eligibility, affirming pension as a right under constitutional law.
The main legal point established in the judgment is the entitlement of employees to have their past services counted for pensionary benefits, as per the provisions of the Industrial Disputes Act and ....
Continuous service of 40 years as a daily wager entitles the petitioner to pensionary benefits from the date of initial appointment, not from the date of regularization.
The petitioners cannot claim regularization of their services from the date of initial appointment and were entitled to count only half of their service rendered in consolidated pay posts for pension....
Daily wage workers with over five years of service are entitled to benefits under the government resolution, irrespective of the 240 days work requirement.
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
