LAWS(GJH)-2020-12-20

HIRABHAI NANABHAI BHOI Vs. STATE OF GUJARAT

Decided On December 23, 2020
Hirabhai Nanabhai Bhoi Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Rule returnable forthwith. Ms.Asmita Patel, the learned AGP waives service of notice of Rule for and on behalf of the respondent­ State.

(2.) The short facts leading to the present petition are that the petitioner was terminated and therefore, the petitioner had filed an application before the Labour Court and he has contended that he had worked for 240 days in a year. The Labour Court has allowed the application. The said order was challenged before this Court by the respondent but, they did not succeed. Now, the petitioner has retired and petitioner has asked for benefit of leave encashment of 300 days as per G.R. dated 17.10.1988.

(3.) The petitioner was appointed as a Daily­wager and was granted the benefit of the Government Resolution dated 17.10.1998 on completion of five years of service. He retired from the service. The petitioner is drawing pension as on today. His grievance redressed in this writ application is limited to the extent that he has not been granted the benefit of the Unavailed Privilege Leave of 300 days to his credit.