LAVJIBHAI BHUDARBHAI PARGHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since the petitioner passed away, the present writ petition is pursued by his legal heirs.

(2.) The petitioner-deceased was appointed as a Labourer-Daily Wager in the year 1985 by the respondent no.3. He was terminated on 28/2/1990, which gave rise to the industrial dispute and ultimately, culminated in Reference (LCS) No.167/1993. By the award dtd. 3/2/2000 passed by the Labour Court, Surendranagar, the respondents were directed to reinstate the petitioner in service with continuity of service and 20% back wages w.e.f. 1/1/1993. The said award was subject matter of challenge before this Court in a writ petition being Special Civil Application No.12902 of 2000, which was dismissed by this Court vide order dtd. 22/8/2007. Thereafter, the deceased-petitioner was reinstated in service by the order dtd. 2/11/2010. It appears that the petitioner was not paid 20% back wages and hence, he was constrained to file Recovery Application No.4/2012 before the Labour Court, which was allowed by the judgment dtd. 22/1/2015 by directing the respondent nos.2 and 3 to pay an amount of Rs.3,51,432.00 and accordingly, the same was paid by the order dtd. 22/1/2015.

(3.) It is the case of the deceased-petitioner that he became eligible for the benefits flowing from the Government Resolution dtd. 17/10/1988 after completion of 5, 10 and 15 years of service, which was paid to him by counting his 5 years' service from 1/12/2010 to 30/11/2015. Such order has been passed on 21/12/2015. The petitioner through his advocate also issued a notice on 4/7/2016 for claiming the benefits flowing from the Government Resolution dtd. 17/10/1988 with retrospective effect, however, since nothing was done, the deceased was constrained to file the captioned writ petition.