Case Note & Summary
The petitioner, Mahesh Tulsidas Agarwat, was appointed as a Labourer in 1991 and his service was terminated in 2004. He approached the Labour Court, Rajkot, in Reference (LCJ) No.21 of 2009, which was partly allowed on 31.12.2014, directing reinstatement with continuity of service but without back-wages. This order was confirmed by the Gujarat High Court on 08.11.2016 in Special Civil Application No.15939 of 2015. Subsequently, the respondents issued an order dated 29.1.2022 granting the benefits of the Government Resolution dated 17.10.1988 only from 29.1.2020. The petitioner filed the present petition under Article 226 of the Constitution seeking modification of that order to release benefits from 1.1.1996, the date from which the resolution was made applicable. The court considered the issue of whether the petitioner, having been reinstated with continuity of service, is entitled to the benefits from the earlier date. The court noted that the Government Resolution dated 17.10.1988 provided certain benefits to daily wagers, and the respondents had granted those benefits only from the date of reinstatement. The court held that since the petitioner was reinstated with continuity of service, he should be treated as having been in continuous service from the date of initial appointment. Therefore, he is entitled to the benefits of the resolution from 1.1.1996, the date from which the resolution was made effective. The court allowed the petition, directing the respondents to modify the order dated 29.1.2022 and release the benefits from 1.1.1996, along with arrears and interest at 6% per annum. The court also directed that the arrears be paid within eight weeks.
Headnote
A) Service Law - Government Resolution Benefits - Date of Entitlement - Government Resolution dated 17-10-1988 - The petitioner, appointed in 1991 and terminated in 2004, was reinstated with continuity of service by the Labour Court in 2014, confirmed by the High Court in 2016. The respondents granted benefits of the Government Resolution only from 29-1-2020. The High Court held that since the petitioner was reinstated with continuity of service, he is entitled to the benefits from 1-1-1996, the date from which the resolution was made applicable, and not from the date of reinstatement. The court directed modification of the order dated 29-1-2022 to release benefits from 1-1-1996 with arrears and interest at 6% per annum. (Paras 6-9)
Issue of Consideration
Whether the petitioner, who was reinstated with continuity of service but without back-wages, is entitled to the benefits of the Government Resolution dated 17-10-1988 from 1-1-1996 instead of from 29-1-2020 as ordered by the respondents.
Final Decision
The petitions are allowed. The respondents are directed to modify the order dated 29-1-2022 and release the benefits of the Government Resolution dated 17-10-1988 from 1-1-1996 instead of 29-1-2020, along with arrears and interest at 6% per annum. The arrears shall be paid within eight weeks. Rule is made absolute to the aforesaid extent.
Law Points
- Government Resolution dated 17-10-1988
- benefits of continuity of service
- date of entitlement
- Article 226 of the Constitution of India
- Industrial Disputes Act
- 1947
