NARENDRASINH CHANDUBHAI JADEJA Vs. DEPUTY FOREST OFFICER

JUDGEMENT

(1.) Rule. Mr. D.M. Devnani, learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondents. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally.

(2.) This petition under Article-226 of the Constitution of India has been preferred, inter-alia, with a prayer to grant the petitioner the benefits of the Government Resolution dated 17.10.1988.

(3.) Briefly stated, the facts of the case are that the petitioner was initially appointed as Watchman on daily-wage basis in July, 1981 and was performing his duties at Nayaka Nursery. His services were terminated on 01.05.1983, which led to the filing of a reference by the petitioner. The Labour Court, Surendranagar, by an award dated 31.08.2005, partially allowed the reference and directed the respondents to reinstate the petitioner with continuity of service, without back-wages. The petitioner was reinstated in service on 16.04.2006. The award of the Labour Court was challenged by respondent No. 2 by preferring a petition being Special Civil Application No. 3283/2006, which came to be dismissed by an order dated 28.02.2006. As the petitioner was still not permitted to join duties, he filed a petition being Special Civil Application No. 5538/2006, seeking appropriate directions upon the respondents to reinstate him. By an order dated 28.03.2006, this Court directed the respondents to reinstate the petitioner in service. The said petition was disposed of on 21.04.2006, directing the respondents to pay the arrears of salary with effect from 01.09.2005 to 15.04.2006. However, by an oral order dated 01.10.2007, the services of the petitioner came to be terminated once again. The petitioner filed I.D. Complaint No. 5/2007 before the Labour Court, Surendranagar. By an order dated 02.05.2014, the Labour Court directed the respondents to reinstated the petitioner without back-wages, but with continuity of service. The petitioner has been reinstated on 25.06.2014 and is working continuously on daily-wage basis.