DECEASED JAGATSINH KHODUBHA RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Kurven Desai, learned AGP waives service of notice of Rule on behalf of respondent State.

(2.) This petition is filed praying for appropriate direction to the respondents to give the benefit of the resolution dtd. 17/10/1988 to the petitioner who is the widow of the deceased employee.

(3.) The case of the petitioner is that her husband - deceased employee was appointed in the year 1981 as a daily wager. On his services being terminated on 30/5/1985, the employee approached the concerned Labour Court by raising dispute being Reference (LCS) No. 116 of 1990. By an award dtd. 8/5/1992, the employee was granted reinstatement with continuity of service and 50% backwages. Accordingly, the employee was reinstated on 17/2/1992. Having faced termination in the year 1993, a second reference was filed namely Reference (LCS) No. 159 of 1993 which was allowed by an award of the Labour Court directing reinstatement with continuity of service and 25% backwages. The order of the Labour Court in the second reference was challenged before this court by way of Special Civil Application No. 3071 of 2002.