Dineshbhai Nathabhai Ramani vs State Of Gujarat
2022 Latest Caselaw 7468 Guj

     C/SCA/16572/2022                             JUDGMENT DATED: 29/08/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 16572 of 2022


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE BIREN VAISHNAV

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1     Whether Reporters of Local Papers may be allowed
      to see the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy
      of the judgment ?

4     Whether this case involves a substantial question
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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                        DINESHBHAI NATHABHAI RAMANI
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR. MUKESH T MISHRA(5900) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
MR SOAHAM JOSHI, AGP for the Respondent(s) No. 1
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    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                              Date : 29/08/2022

                              ORAL JUDGMENT

1. Heard. Rule returnable forthwith. Mr. Soaham Joshi,

learned AGP waives service of notice of rule on behalf of

C/SCA/16572/2022 JUDGMENT DATED: 29/08/2022

respondent State.

2. The case of the petitioner is that he was appointed as a

daily wager in the year 1992 and worked continuously up to

1994. On termination of his service in the year 1994, he raised

an industrial dispute. A reference being Reference (LCR) No.

178 of 2005 referred to the Labour Court was adjudicated

inasmuch as by an award dated 16.09.2011, the petitioner was

directed to be reinstated without continuity of service and

without back-wages. The petitioner filed Special Civil

Application No. 7511 of 2013 for compliance of award and

pursuant to the order dated 04.12.2013 passed therein, the

petitioner was reinstated.

3. Mr. M.T. Mishra, learned advocate appearing for the

petitioner would submit that pursuant to his reinstatement

having completed requisite number of years of service, he is

entitled to the benefit of the resolution dated 17.10.1988 read

C/SCA/16572/2022 JUDGMENT DATED: 29/08/2022

with Government Resolution dated 30.05.1989.

4. The respondents are directed to consider the case of the

petitioner on the basis of the Government Resolution dated

17.10.1988 read with the Government Resolution dated

30.05.1989 and also keeping in mind the award of the Labour

Court in question within a period of ten weeks from the date of

receipt of the writ of the order of this court.

5. The petition is accordingly disposed of. Rule is made

absolute accordingly. Direct service is permitted.

(BIREN VAISHNAV, J) VATSAL S. KOTECHA