A.J.Desai,J. - (1.)By way of present appeal under Clause 15 of the Letters Patent, the appellant-State Authority has challenged the oral judgment dated 24.7.2018 passed by learned Single Judge in Special Civil Application No.18166 of 2016 by which the petition filed by the present respondent is accepted directing the present appellant-authority to treat the workman as if he was in continuous service from the date of initial joining of services and further directing to give all notional benefits available to him.
(2.)The appeal came to be admitted by an oral order dated 18.9.2019. The respondent-workman is represented by Mr.Chaudhari and has opposed the appeal by relying upon several decisions of the Honourable Supreme Court as well as orders passed by different Division Benches of this Court. A compilation has been supplied. The appeal is taken up for final hearing.
(3.)The short facts arise from the record are as under:-
3.1 That the respondent raised a dispute that though he was a daily wager with the appellant since 1979, his services were terminated by oral order dated 20.1.1993. Case was referred to Labour Court, Surendranagar, and was numbered as Reference (LCS) No.74 of 1994. The Presiding Officer, Labour Court, Surendranagar, by his judgment and award dated 8.11.2006 accepted the reference and directed present appellants to reinstate the workman on his post, however, denied the backwages and continuity of service. Though the workman was reinstated on the post, he was not granted benefits under Government Resolution dated 17.10.1988, therefore, he preferred a writ petition being Special Civil Application No.18166 of 2016 before this Court. Learned Single Judge, by relying upon several decisions of the Honourable Supreme Court, and particularly decision in the case of Gurpreet Singh v. State of Punjab and Others, 2002 92 FLR 838, allowed the petition and ordered to treat him in continuous service and directed the appellants to give him all notional benefits. Such decision is under challenge in this appeal.