LAWS(GJH)-2022-9-463

RAGHUBHAI BHAVJIBHAI KHAMBHLA Vs. STATE OF GUJARAT

Decided On September 07, 2022
Raghubhai Bhavjibhai Khambhla Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Utkarsh Sharma, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondent - State.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for a direction to set aside the order dtd. 31/3/2015 and extend the benefits of the Resolution dtd. 17/10/1988 with effect from 1/10/1988.

(3.) Facts in brief would indicate that the petitioner was employed as a daily wager from 1/8/1982. On his oral termination with effect from 1/6/1984, he approached the Labour Court which directed reinstatement with continuity of service and 50% backwages. The award of the Labour Court is dtd. 1/10/1991. On 1/1/1993, the petitioners services were again terminated and on approach being made to the Labour Court, they were directed to be reinstated without backwages on 22/11/2006. The case of the petitioners for consideration of Resolution dtd. 31/3/2015 have been rejected on various grounds.