THAKARSHIBHAI AMARSHIBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these petitions, under Article 226 of the Constitution of India, have been filed by the petitioners praying for a direction to extend the benefits of the Government Resolution dtd. 17/10/1988 with effect from 1/1/1990 notionally upto 30/5/2006 and further be pleased to direct the respondents to give difference of salary from 31/5/2006.

(2.) For the sake of convenience, facts of Special Civil Application No. 131 of 2019 are referred to herein. The petitioner was employed as a daily wager since 1985. His services were orally terminated from 27/11/1990. He along with several co-employees raised an industrial dispute. The Labour Court, Surendranagar by an award dtd. 30/5/2006 directed respondents no. 3 and 4 to reinstate the petitioner and other seven co-employees. The petition challenging the award was dismissed on 19/12/2007. Letters Patent Appeal was also dismissed by a common order on 22/12/2009. The petitioner was reinstated on 16/2/2010. A Recovery Application was filed and the same was partly allowed. After reinstatement, the petitioner worked continuously from 16/3/2010. However, for the purposes of granting the benefits of the resolution dtd. 17/10/1988, their date of appointment was taken as 16/3/2010 and on completion of five years from that date, the benefit of resolution was given. The interpretation was that there was no clarification in the award regarding continuity of service.

(3.) Mr. Nilesh Shah, learned counsel for the petitioners would submit that the issue is squarely covered by the decision of this court rendered in SCA No. 66 of 2019 dtd. 27/1/2022 which has considered several decisions on this issue including the decision of the Apex Court.