Manish Vinubhai Trivedi vs State Of Gujarat
2022 Latest Caselaw 7873 Guj

     C/SCA/21149/2019                             JUDGMENT DATED: 13/09/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 21149 of 2019


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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                         MANISH VINUBHAI TRIVEDI
                                  Versus
                           STATE OF GUJARAT
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Appearance:
MR UT MISHRA(3605) for the Petitioner(s) No. 1
MR KURVEN DESAI, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
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     CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                              Date : 13/09/2022

                             ORAL JUDGMENT

1. Rule returnable forthwith. Mr. Kurven Desai, learned

Assistant Government Pleader waives service of notice of rule

C/SCA/21149/2019 JUDGMENT DATED: 13/09/2022

on behalf of respondents.

2. With consent of the learned advocates appearing for the

respective parties, the matter is taken up for final hearing

today.

3. The prayer in this petition is that the respondents be directed to

grant the benefits of the GR dated 17.10.1988 to the petitioner.

4. The facts in brief would indicate that the petitioner was

initially appointed for the services of the respondent on

10.11.1994 and was working as a Ward Boy. His services

were terminated by Management of the respondent on

30.5.2000. He raised an Industrial Dispute. The Labour Court

by an award dated 23.10.2008 directed that the petitioner be

reinstated with continuity of service with 35% back wages.

That award of the Labour Court was challenged by the State

by filing SCA No.5569/2009. By an order dated 15.1.2013,

award was modified of reinstatement and continuity were

C/SCA/21149/2019 JUDGMENT DATED: 13/09/2022

maintained but award of back wages were set aside. It is the

case of the petitioner that by virtue of the award therefore, the

petitioner is entitled to the benefits of GR dated 17.10.1988.

5. Needless to say that in light of his having worked with the

respondent from 10.11.1994 and his service being treated as

continuous by virtue of the award in his favour, the petitioner

is entitled to the benefits of Resolution dated 17.10.1988. Such

exercise shall be carried out within a period of ten weeks from

the date of receipt of copy of this order.

6. The petition is allowed in above terms. Rule is made absolute

to the aforesaid extent. Direct Service is permitted. No costs.

(BIREN VAISHNAV, J) VATSAL S. KOTECHA