DAMOR PUNAJI BECHARJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr. D.M. Devnani, learned Assistant Government Pleader, waives service of notices of Rule for the respondents.

(2.) THIS petition under Article 226 of the Constitution of India has been preferred, interalia, with a prayer to grant the petitioner the benefits of the Government Resolution dated 17.10.1988, by declaring that he is entitled to continuity of service from the date of his termination, that is, 01.04.1994, as per the Award dated 25.07.2013, passed by the Labour Court, Himmatagar, in Reference (LCH) No.684 of 1996. It is the case of the petitioner that he was appointed as a Forest Guard on dailywage basis on 06.04.1989 and rendered services as such continuously upto his termination. The said termination was set aside by the Labour Court, Himmatnagar, on 19.10.2000 in Reference (LCH) No.684 of 1996. As the said Award was an exparte one, the State Government moved an application to review the same being Misc. Civil Application No.2 of 2013 in main Reference (LCH) No.684 of 1996, after a delay of thirteen years. The Labour Court heard the matter again and passed an Award dated 25.07.2013, in favour of the petitioner, setting aside the termination and reinstating him in service with continuity of service and 25% backwages.

(3.) IT is, therefore, the case of the petitioner that he has been working continuously with the respondents as a dailywager under the Forest and Environment Department from the initial date of appointment as a Forest Guard, therefore, he is entitled to receive the benefits of the Government Resolution dated 17.10.1988.