PARAGBHAI POPATBHAI LOLADIYA Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) The prayer in the petition is that the petitioners be held to be entitled to benefits of resolution dtd. 17/10/1988 from the initial date of appointment i.e. 27/6/1981 and 1/5/1980. By the impugned order, the benefits have been restricted to the date on which the petitioners no. 1 and 2 complete five years of service as on 31/5/2019 and 30/4/2018 respectively.

(3.) Mr. Mishra, learned advocate appearing for the petitioner would submit that though the awards of the Labour Court in case of both of the petitioners on 4/8/2000 did not expressly mention the word 'continuity of service' by discounting the initial date of appointment, the respondents have infact restricted the benefits of the resolution dtd. 17/10/1988. He would submit that it is also apparent that the Labour Court awards were under challenge in the respective petitions and this court by order dtd. 12/7/2010 dismissed the petitions of the State in light of the decision rendered by this court in Special Civil Application No. 10833 of 2021, which has considered the decision of Nandkishore Shravan Ahirrao vs. Kosan Industries (P) Ltd . [AIR 2020 SC 1776] and Gurpreet Singh v. State of Punjab and Haryana [(2002) 9 SCC 492]. He would also rely on the decision dtd. 27/1/2022 passed by this court in Special Civil Application No. 66 of 2019 wherein also this court relying on the abovementioned decision granted the benefits to the petitioners therein as prayed for in this petition.