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Judgment
Biren Vaishnav, J
Heard Mr.Krutarth Pandya learned advocate for the petitioner and Ms.Surbhi Bhati learned AGP for the respondent State.
In this petition under Article 226 of the Constitution of India, the prayer of the petitioner is that the respondents be directed to grant the benefits of
the Government Resolution dated 17.10.1988. The case of the petitioner is that the petitioners were working as agricultural laborers since 1992 and
1995 respectively. Details of which are given in para 3.4 of the petition. The case of the petitioners is that they were terminated from their services on
23.10.2003. They filed reference before the Labour Court. The Labour Court by a judgment and award dated 30.11.20211 allowed the reference and
directed the reinstatement of the petitioners together with continuity of service.
Mr.Pandya would submit that by virtue of the decision of the Labour Court when the benefit of continuity of service was granted, the petitioners
are entitled to the benefit of the resolution dated 17.10.1988 and the subsequent resolutions of the Government. Reliance is placed by learned counsel
for the petitioner on the decisions of this Court in case of Balubha Ashabhai Manek v. Gujarat Water Supply and Sewarage Board reported in 2020
JX (Guj) 246, in case of Hirabhai Nanabhai Bhoi v. State of Gujarat rendered in Special Civil Application No.9159 OF 2020 and a decision in case of
State of Gujarat v. PWD and Forest Employees Union reported in 2019 (15) SCC 248.
Having heard learned counsel for the respective parties, this Court deems it fit at this stage to direct the respondents to take a decision on the
question of petitioners’ entitlement on the resolution dated 17.10.1988 in light of the decisions relied upon and referred to herein above within a
period of six weeks from the date of receipt of copy of this order.
Petition is disposed of in above terms. Direct service is permitted.