LAWS(GJH)-2022-7-849

RAMANBHAI BHIKABHAI AHIR Vs. STATE OF GUJARAT

Decided On July 27, 2022
Ramanbhai Bhikabhai Ahir Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The case of the petitioner who is now being represented through his heirs at the relevant time was for regularization of service. Due to the death of the petitioner, the petition is being pursued by the heirs for considering their claim for the benefit of the Resolution dtd. 17/10/1988 and consequential benefits.

(2.) Essentially, the case of the petitioner is that the petitioner, since deceased, was working with the department from the year 1991. On his termination from service, he raised a dispute before the Competent Court i.e. the Labour Court, which awarded reinstatement with continuity of service and full backwages.

(3.) Accordingly, considering the fact that the deceased was engaged since 1991 and the award of the Labour Court had granted him the benefits of reinstatement with continuity of service, based on this award, the case of the heirs be considered for the benefits of the Resolution dtd. 17/10/1988. Based on the number of years of service rendered by the deceased, the case be considered in accordance with law and decided within a period of ten weeks from the date of receipt of copy of this order. The petition is allowed, accordingly.