DAVE MANISHBHAI DILSUKHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Soaham Joshi, learned Assistant Government Pleader waives service of notice of Rule for the respondent No. 1, while Ms. Sejal Mandavia, learned advocate waives service of notice of Rule for the respondent Nos. 2 and 3.

(2.) With the consent of the learned advocates for the respective parties, the petition is taken up for final hearing today.

(3.) The prayer in this petition is to direct the respondents to extend the benefits of 6th pay commission with effect from 1/1/2006. He was appointed in the year 1987 with the respondent-Board. On termination from service on 22/9/1993, the petitioner had approached the Labour Court by filing a Reference Case No. 29 of 1995 which was renumbered as Case No. 420 of 1998, in which, the labour Court by an award directed reinstatement with continuity of service. Challenge to the award by the Board was partly successful, inasmuch as, the award of the labour Court was modified by direction that the petitioner shall not be entitled to any back wages. The Letters Patent Appeal filed by the Board was also dismissed.