PANCHMAHAL DISTRICT PANCHAYAT Vs. BHARATBHAI HATHIBHAI BARIYA

JUDGEMENT

(1.) Heard Mr.H.S.Munshaw, learned counsel for the petitioners and Mr.Anantanand Singh, learned counsel for the Respondent.

(2.) Challenge in this petition under Article 226 of the Constitution of India is to the order dtd. 1/1/2020 passed by the Labour Court at Godhra in Recovery Application (C2) No. 92 of 2008.

(3.) Perusal of the award of the Labour Court would indicate that the Respondent was working as a daily wager since 21/7/1979. By virtue of the Government Resolution dtd. 17/10/1988, on completion of ten years of service, he was granted the benefit of the resolution with effect from 1/12/1989. His date of increment accordingly was 1/12/1999. The Respondent was to superannuate with effect from 30/9/2020, however, as a result of pressing circumstances he tendered his voluntary retirement which was accepted with effect from 30/9/2003.