Upendrasinh Bavubha Vala vs The Executive Engineer
2021 Latest Caselaw 1883 Guj

        C/SCA/4099/2020                                    ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 4099 of 2020
                              With
          R/SPECIAL CIVIL APPLICATION NO. 4100 of 2020
                              With
          R/SPECIAL CIVIL APPLICATION NO. 4101 of 2020
                              With
          R/SPECIAL CIVIL APPLICATION NO. 10202 of 2020
                              With
          R/SPECIAL CIVIL APPLICATION NO. 4102 of 2020
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                           BABUBHAI CHITHARBHAI
                                  Versus
                          THE EXECUTIVE ENGINEER
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Appearance:
MR TULSHI R SAVANI(3070) for the Petitioner(s) No. 1
MS ASMITA PATEL AGP for the Respondent(s) No. 1,2,3
NOTICE SERVED(4) for the Respondent(s) No. 4
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 CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                              Date : 09/02/2021

                               ORAL ORDER

1. Heard learned advocate Mr.Tulshi Savani and learned Assistant Government Pleader Ms.Asmita Patel for the respondent State through video conference.

2. Mr.Savani submits that by way of the present petitions, the petitioners are claiming the benefits flowing from the Government Resolution dated 17.10.1988. He submits that learned Labour Court, Bhavnagar has granted certain benefits to the petitioners. However, though the petitioners are entitled for all benefits, some of the benefits are not extended to the petitioners and, therefore, the present petitioners are challenging the impugned award before this Court by way of group of present petitions. He submits that it is

C/SCA/4099/2020 ORDER

settled propositions of law that once petitioner completes ten years of service, he will be granted all benefits flowing from Government Resolution dated 17.10.1988.

3. Learned Assistant Government Pleader Ms.Patel has not opposed the aforesaid submissions as according to her law is clearly settled in this respect. She also submits that in view of the settled propositions of law she has nothing more to submit. However, she also submits that bare reading of award shows that petitioners are not entitled to the benefits of those judgments they relied on as they do not fulfill requisite criteria for being entitled to the benefits flowing from Government Resolution dated 17.10.1988.

4. Ms.Patel as well as Mr.Savani both request to keep these matters on next week with a view to enable them to place on record the judgments they rely upon.

5. As there is a consensus between the learned advocates that matters are required to be heard finally and the only point requires to be adjudicated and decided is whether petitioners are entitled to benefits flowing from Government Resolution dated 17.10.1988, let these matters list on 17.02.2021. Both the learned advocates may place on record the authorities they rely on. Registry to accept the same.

(NIRZAR S. DESAI,J) MISHRA AMIT V.