MAGANBHAI MOHANBHAI SARVAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Mukesh Rathod for the petitioner and learned Assistant Government Pleader Mr.Rashesh Rindani for the respondent Nos.1, 2, 4 and 5, whereas learned advocate Ms.Harshal Pandya for respondent No.3.

(2.) By filing the present petition, the petitioner has prayed as under.

(3.) The petitioner was appointed as daily-wager for the respondent Road & Building Department in the office of respondent No.4 since 1978. The services of the petitioner came to be terminated with effect from 21st April, 1985, whereupon petitioner invoked jurisdiction of the Labour Court by preferring Reference being (LCR) No.1499 of 1986. The Labour Court, Rajkot, passed judgment and award dated 23rd October, 1989 directing the petitioner workman to be reinstated as per his seniority. The judgment and award of the Labour Court came to be challenged by the authorities by filing Special Civil Application No.1170 of 1989. This Court passed interim order on 24th September, 1990 directing the respondents to reinstate the petitioner on his original post with continuity of service. In light of this order, petitioner was taken back in service with effect from 16th October, 1990 at Dhandhalpur Ninama Road site. The said Special Civil Application was finally ended in favour of the petitioner as this Court directed the respondents to grant reinstatement with continuity of service to the petitioner as per the seniority list.