RAJBAI AELAMKHAN MALEK Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) In this petition under Article 226 of the Constitution of India, while issuing notice in the petition, this Court passed the following order:

(3.) The case of the petitioner is that the petitioner joined service in the year 1982. He was subsequently terminated. On raising an industrial dispute, the Labour Court by an award dtd. 12/9/2006 directed reinstatement without backwages. Contention of Mr. Nilesh Shah, learned counsel, is that in absence of specific denial of continuity, the same has to be read into the award of the Labour Court. Accordingly, he press the benefits of the Resolution dtd. 17/10/1988 except those of Leave Encashment on the basis of his 38 years of continuous service rendered from the date of appointment till the date of retirement i.e. 31/3/2021 be granted.