LAWS(GJH)-2022-7-177

RAJUBHAI ABHESING BHALIA Vs. STATE OF GUJARAT

Decided On July 07, 2022
Rajubhai Abhesing Bhalia Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard Mr. Dipak Dave, learned advocate for the petitioner, Mr. Utkarsh Sharma, learned AGP appearing for respondent State and Mr. HS Munshaw, learned advocate for respondent nos. 2 and 3.

(2.) The present petition has been filed by an employee working under the respondents no. 2 and 3 for benefits of the resolution dtd. 17/10/1988.

(3.) Mr. Dipak Dave, learned advocate appearing for the petitioner taking the court through the various documents annexed to the petition namely the certificate as well as the pay slips would submit that the petitioner was not a part-timer but a daily wager working since the year 1997 continuously without break for the whole day. He would therefore be entitled to the benefits of the resolution dtd. 17/10/1988. Reliance was placed on an order passed by this court in Special Civil Application No. 8468 of 2014 wherein when the District Rural Development Agency, Vadodara had challenged the award of the Labour Court granting benefits of the resolution dtd. 17/10/1988 on the ground that the respondent workman therein was a part-timer. The court had confirmed the award of the Labour Court.