UMAR IBRAHIM BHATTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Special Civil Application is filed praying for the following reliefs :-

(2.) The brief facts in the present case are that the petitioner served as a daily wager with respondent No.3 from 23/9/1985 till 31/3/2013. Since the petitioner was not granted the benefits of Government Resolution dtd. 17/10/1988, the petitioner approached the Labour Court, Kutch by filing Reference (LCD) No.2 of 1999 along with other employees. The Labour Court allowed the reference vide award dtd. 14/2/2014 by directing respondent No.3 to grant the benefits of Government Resolution dtd. 17/10/1988 to all the employees. Against the said award, respondent No.3 preferred Special Civil Application No.15670 of 2005. By judgment and order dtd. 8/10/2014, this Court dismissed the said petition and ordered to grant the benefits to the petitioner under Government Resolution dtd. 17/10/1988 and accordingly, the petitioner was granted the said benefits vide order dtd. 17/12/2018 passed by the respondents. It is the case of the petitioner that despite serving continuously from 23/9/1985 till 31/3/2013, only the service of 8 years has been counted for the purpose of pension and as a result, the petitioner has been denied the benefit of pension on the ground that he has not put in minimum qualifying service of 10 years as per the provisions of Gujarat Civil Services (Pension) Rules, 2002. Hence, the present Special Civil Application is filed.

(3.) Learned advocate Mr. P. H. Pathak appearing on behalf of the petitioner submits that the issue with respect to counting the service of the daily wager for the purpose of pension has since been settled in the decision of this Court in case of Executive Engineer, Panchayat (MAA & M) Department and anr. vs. Samudabhai Jyotibhai Bhedi and anr. [2017 (4) GLR 2952]. He submits that the total service of the daily wager has to be counted for grant of pension and other retirement benefits. He submits that the petitioner's case is squarely covered by the said judgment of this Court.