SUPERINTENDING ENGINEER Vs. TARMOHMAD ALARAKHA BALOCH

JUDGEMENT

(1.) Heard learned Assistant Government Pleader Mr.Udhwani for the appellants and learned advocate Mr.Mukesh Rathod for the respondent.

(2.) It is against judgment and order dtd. 24/8/2022 passed by learned single Judge that the present Letters Patent Appeal is preferred. Learned single Judge held that the respondent- workman would be entitled to the benefits of the State Government Resolution dtd. 17/10/1988.

(3.) The prayer in the writ petition seeking directions against the respondent authorities to grant the benefits of the said Resolution was based on the judgment and award of the labour court, Rajkot dtd. 22/12/2008 passed in Reference (L.C.R) No.481 of 2007 (Old No.140 of 2006). The labour court allowed the reference directing the appellant - employer to reinstate the workman on the same post, to offer the same work without any backwages. The said judgment and award was challenged by the State of Gujarat through Superintending Engineer by filing Special Civil Application No.9005 of 2009, which culminated into order dtd. 4/2/2013. The petition was dismissed, judgment and award of the labour court was confirmed and the respondents were directed to reinstate the workman. The said decision became final and the workman came to be reinstated on