DAMOR LADUBHAI KHATUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Dipak R. Dave for the petitioner and learned Assistant Government Pleader Ms.Asmita Patel for the respondents.

(2.) By filing this petition, the petitioner has prayed as under :

(3.) The facts are that the petitioner joined as Rojamdar in the office of respondent No.3 - Deputy Executive Engineer, State (Road & Building) Department, Lunawada, Mahisagar from 24.10.1979 and retired upon reaching the age of superannuation with effect from 30.06.2014. The petitioner put in more than 35 years of service. The benefits of State Government Resolution dated 17th October, 1988 were grantable to the petitioner but the same were granted only on 01st December, 1999. It is an uncontroverted case of the petitioner that he having served uninterruptedly and continuously as provided under Section 25B of the Industrial Disputes Act, 1947, after completion of five years the benefits under Resolution dated 17th October, 1988 were required to be extended but they were extended at a much later stage. The pay ?scale of permanent employee was given to the petitioner with effect from 01st April, 2005. The petitioner retired on 30.06.2014. The petitioner was paid gratuity upon his retirement on the basis that he completed 18 years of 240 days continuous service.