STATE OF GUJARAT Vs. GANGA MESUR HUN

JUDGEMENT

(1.) In all these Special Civil Applications filed under Article 226 of the Constitution of India, under challenge are the orders passed by the Labour Court, Rajkot, in respective recovery applications, by which, the Labour Court has held that the concerned employees / workmen who were getting the benefit of the Government Resolution dated 17.10.1988 are entitled to the benefits of 300 days of leave encashment.

(2.) These orders of the Labour Court are under challenge before this Court. Ms.Jyoti Bhatt, learned AGP appearing for the State has assailed the order on the following grounds:

(3.) Reading of the Section makes it clear though the proviso states that the application shall be made within one year from the date on which the money became due to the workmen, there is no complete bar on entertaining an application beyond the period of one year on the government being satisfied that there is sufficient cause for not making such application within a particular time. Perusal of orders under challenge would indicate that the Labour Court has considered in granting such benefits having found that the question, that they were entitled to such benefits was established by several judgments of this court confirmed up to the Supreme Court. The judgments have been referred to by the Labour Court in the body of its judgment and it will be worthwhile to consider these judgments while dealing with these petitions.