LAWS(GJH)-2019-10-162

UDESINH VAJESINH BARIA Vs. P.M.VAGASIYA

Decided On October 14, 2019
Udesinh Vajesinh Baria Appellant
V/S
P.M.Vagasiya Respondents

JUDGEMENT

(1.) This Misc. Civil Application has been filed under the provisions of the Contempt of Courts Act for willful defiance of the order passed by the Division Bench of this Court dated 18.3.2019 in Letters Patent Appeal No.676 of 2019 with Special Civil Application No.17157 of 2016.

(2.) The background of facts out of which the present proceeding has arisen in which it reflects that the present applicant was serving for almost 11 years, had completed 240 days and was deprived of the Government Resolution dated 17.10.1988. Since the said benefit was not extended, it appears that the applicant- petitioner was constrained to approach the Court for ventilating his grievance and in that context, Reference Demand No.2 of 2011 was filed before learned Presiding Officer, Labour Court, Dahod and by an award dated 11.2.2016, learned Presiding Officer was pleased to allow the Reference Demand in part by directing to extend the benefits of the Resolution dated 17.10.1988 within a period of 30 days, which order appears to have been been challenged by the State authority by filing a writ petition.

(3.) It is the case of the applicant that along with the applicant, there was another employee, who was also dragged to the Court of law. Resultantly, both the petitions came to be consolidated and disposed of by judgment and order dated 17.7.2018 and after detailed order, learned Single Judge was pleased to dispose of the petitions and operative part thereof contained in relevant paragraphs is reproduced hereinafter:-