SAVJIBHAI SHAMJIBHAI BAHUKIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Mr.Kurven Desai waives service of Rule on behalf of the respondent no.1.

(2.) In this petition under Article 226 of the Constitution of India, the case of the petitioner is that the benefits flowing from the Government Resolution dtd. 17/10/1988 should be granted to the petitioner from his initial date of appointment. In nutshell, the case of the petitioner is that the petitioner was appointed in the year 1993. His services came to be terminated in March 1999. An award was passed by the Labour Court on 5/6/2008. The award of the Labour Court directed that the petitioner be reinstated in service without back-wages. When the award was challenged by the employer, the petition failed. The case of the petitioner is that though the award specifically did not mention continuity of service, settled it is by several decisions of this Court, which has been relied upon by the learned counsel for the petitioner of the Division Bench in LPA No.174 of 2017 and also a recent decision of the Division Bench in LPA No.1132 of 2018 dtd. 23/11/2021.

(3.) The Court while considering the decision in case of Gurpreet Singh v. State of Punjab reported in (2002) 9 SCC 492 held as under: