CHANDUBHAI CHHAGANBHAI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. With the consent of the learned advocates appearing for the respective parties, taken up for final hearing today. Mr.Kurven Desai, learned AGP, waives service of rule on behalf of the State - respondent.

(2.) The prayer in the petition is that the respondents are not complying with the award of the Labour Court dtd. 23/1/2019 and consequentially not granting the benefits of the Resolution dtd. 17/10/1988. The case of the petitioner is that pursuant to the award of the Labour Court dtd. 23/1/2019, the petitioner was directed to be reinstated with backwages. In absence of clarification in the award with regard to continuity of service, though otherwise, the petitioner on the date of his retirement i.e. 1/6/2018 would have been entitled to the benefits of continuity of service and consequential benefits of the Resolution dtd. 17/10/1988, only on the ground of absence of the word "continuity" missing in the award, the same has not been granted to the petitioner. Mr.Dave, learned counsel, would rely on a decision of the Co-ordinate Bench of this Court rendered in Special Civil Application No.15845 of 2020 dtd. 2/2/2022. Relevant paragraphs of the decision read as under:

(3.) Accordingly, the petition is allowed subject to the petitioner's producing document to satisfy the respondents as to his correct name as Chandubhai Chhaganbhai Rathva. The respondents are directed to appropriately fix and pay the retirement benefits to the petitioner based on the decision of the Division Bench in the case of Letters Patent Appeal No. 6241 of 2020 as considered by the decision referred to in para 15.