NANUBHAI BHAGWANBHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. With the consent of learned advocates for the parties, taken up for final hearing. Ms. Surbhi Bhati, learned AGP, waives service of rule on behalf of the State - respondent and Mr.Rituraj Meena, learned advocate, waives service of rule for respondents Nos. 2 to 4.

(2.) This petition has been filed by the deponents of the deceased employee who was working as a daily wager with the respondent Gujarat Water Supply & Sewerage Board. The workman was working as a daily wager and joined the Board on 19/8/1985. His services were terminated on 27/2/1997 and he raised an industrial dispute. The Labour Court by an award directed reinstatement with continuity of services. On his reinstatement on 13/1/2011, he was extended the benefits of the Resolution dtd. 17/10/1988. He was extended the benefits of the 7th Pay Commission too by an order dtd. 21/1/2019. The workman died in harness on 2/2/2021. On 10/3/2021, the petitioner's widow made a representation requesting for extending the benefits of 300 days leave encashment and also for the benefits of lumpsum compensation in lieu of compassionate appointment as provided in the Government Resolution dtd. 5/7/2011. By the impugned communication dtd. 30/3/2021, the case for lumpsum compensation has been rejected on the ground that since the deceased employee was a daily wager he is not entitled to the benefits of lumpsum compensation.

(3.) Mr.Mishra, learned counsel for the petitioner, would rely on a decision of this Court rendered in Special Civil Application No.11554 of 2021. As far as the prayer of leave encashment of 300 days is concerned, Mr.Mishra, learned counsel, at the outset, has not pressed for the prayer leaving it open for him to file an appropriate petition after the decision of the Hon'ble Supreme Court in the pending SLP.