STATE OF GUJARAT Vs. REGIONAL PROBATION

JUDGEMENT

(1.) AS in all the matters, common questions arise for consideration, they are being considered simultaneously.

(2.) IT may be recorded that Letters Patent Appeal No.1315 of 2006 is directed against the judgement and order passed by the learned Single Judge of this Court dated 14.6.2006 in Special Civil Application No.3570 of 1993, whereby the learned Single Judge has directed respondent appellant herein to give grant -in -aid to the original petitioner Trust for the benefits like Medical Allowance, Leave Travel Concession, Uniform, Washing Allowance, Leave Encashment, Festival and Food Allowance and all other allowances as granted to the employees of Observation Homes/Remand Homes run by the Government along with the benefits like bonus, pension, gratuity and other similar benefits, which are available to the employees of Observation Homes/Remand Homes run by the Government and the learned Single Judge has also quashed the order dated 17.2.1992 passed by the respondent authority.

(3.) LETTERS Patent Appeal No.1913 of 2007 is directed against the judgement and order dated 3.8.2007 passed by the learned Single Judge of this Court, whereby the learned Single Judge took the view that the State Government could not be held liable to make the payment of gratuity to the employee/workman and ultimately, the learned Single Judge found that the order of the appellate Authority requiring the State to make payment was illegal and hence, the same was quashed and set aside, but the learned Single Judge observed that against the liability fixed upon the respondent Trust, the said Trust has not come in the writ petition and, therefore, their liability shall remain absolute. Under these circumstances, the Trust, through its Trustees, has preferred the said LPA.