LAWS(GJH)-2023-4-986

VITTHALBHAI ANJANBHAI MAKWANA Vs. STATE OF GUJARAT

Decided On April 24, 2023
Vitthalbhai Anjanbhai Makwana Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This petition is filed by the petitioners, with following prayers :

(2.) Learned advocate Mr.Hitesh Makwana for the petitioners submitted that the issue is pending in relation to prayer (D) i.e. benefits like Public Holidays, Transport Allowance, Medical Allowance, Group Insurance, to be given to the petitioners at par with the permanent employees. He is not pressing the said prayer at this stage.

(3.) In relation to other prayers, he submitted that though the petitioners are eligible for payment of pensionary benefits by counting his entire length of service from date of their joining till the date of their superannuation, the respondents have not considered and granted the said benefits. He submitted that admittedly, petitioner No.1 was appointed in the year 1978 as Daily Wage Watchman and petitioner No.2 was appointed on 6/12/1982 as Daily Wage Watchman. The services of both the petitioners came to be terminated on 3/2/1986. Thereafter, they had raised Reference challenging the order of their termination being Reference (LCB) No.623 of 1987 before learned Labour Court, Bhavnagar. Learned Labour Court had directed the opponent herein to reinstate three claimants on the original post with continuity of service and payment of 50% backwages to two claimants.