BHAVNAGAR DISTRICT PANCHAYAT & ANR. BHAVNAGAR Vs. KANTIBHAI RAJABHAI BORICHAKANTIBHAI RAJABHAI BORICHA

JUDGEMENT

(1.) The present Letters Patent Appeal under clause 15 of the Letters Patent is filed by the original respondents assailing the correctness of the judgment and order dtd. 6/3/2020 passed by the learned Single Judge in Special Civil Application No. 21570 of 2017.

(2.) The prayer made in the writ petition before the learned Single Judge by the original petitioners - present respondents was to give appropriate directions to grant benefits of Government Resolution dtd. 17/10/1988 to the petitioners on completion of 20 years of service and further direct to grant arrears arising out of it with 8% interest thereon.

(3.) The learned Single Judge held that once the Labour Court has come to the conclusion that the termination of the petitioners were ineffective and since it was in violation of provisions of the Industrial Tribunal Act, reinstatement was directed. Continuity would therefore, naturally follow. It was further directed that the continuity is to be read into the awards passed by the Labour Court, the entire period of service right from the date of reinstatement has to be treated as continuous and uninterrupted.