RAGHUVERSINH CHANDRASINH SARVAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition, under Article 226 of the Constitution of India, the petitioner has prayed to direct the respondent authorities to consider the petitioner as permanent workman and pay monthly salary at par with other similarly situated workmen doing the same and similar type of work as well as to pay the arrears of monthly wages and revision of 6th and 7th Pay Commission pay-scale benefits along with 12% simple interest per annum. The petitioner has further prayed to direct the respondent authorities to pay pension, gratuity and other legal dues to the petitioner considering him in permanent service on the basis of his date of employment as 14/12/1979 as per the Government Resolution dtd. 17/10/1988 and the judgement and order dtd. 8/12/2011 passed by this court in Special Civil Application No. 7725 of 2002 and the Office Order dtd. 8/8/2013 on his attaining the age of superannuation in June 2019.

(2.) Facts in brief would indicate that the petitioner was employed as a daily wager on 14/12/1979. He along with 20 other employees raised an industrial dispute which was subject matter of reference before the Industrial Tribunal being Reference (IT) No. 26 of 1996. By the award passed by the Industrial Tribunal, Bhavnagar on 8/11/2021 which directed that the petitioner and the 20 other workmen be treated as permanent and be paid all benefits of permanency from the date of the award was a subject matter of challenge before this court by way of Special Civil Application No. 7725 of 2002.

(3.) Mr. D.G. Shukla, learned advocate for the petitioner would submit that the award of the Tribunal was modified and the benefits of the resolution dtd. 17/10/1988 were directed to be extended taking into consideration the date of initial appointment. He would draw the attention of the court to the statement of 21 workers who by the order dtd. 8/8/2013 were granted the benefits. The petitioner's name figured at Sr. No. 12. His initial date of appointment was shown as 14/12/1979. Having rendered 40 years of service and not being paid pensionary benefits and not finding his name included in the benefits for GPF and considering the fact that the co-worker - colleague of the petitioner who was at Sr. No. 1 of the list was beneficiary of the order dtd. 27/12/2018 in Special Civil Application No. 16904 of 2015, the petitioner has approached this court for the reliefs as prayed for hereinabove.