JUDGMENT : M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge dated 22.07.2016 passed in Special Civil Application No. 16964 of 2005, by which, learned Single Judge has dismissed the said petition preferred by the appellants herein – original petitioners and has confirmed the judgment and order passed by the learned Labour Court, Bhavnagar dated 09.12.2003 passed in Reference (LCBD) No. 45 of 1994, whereby, learned Presiding Officer directed the appellants herein – original petitioners to regularize the services of the respondent workman w.e.f. 31.08.1994 and to pay all the consequential monetary benefits w.e.f. 1.1.2002, the original petitioners Bhavnagar District Panchayat and another have preferred Letters Patent Appeal under Clause 15 of the Letters Patent. 2. Number of submissions have been made by Shri Munshaw, learned advocate for the appellants herein – original petitioners on the judgment and award passed by the Labour Court confirmed by the learned Single Judge passing order of regularization of services of the workman w.e.f. 1.1.2002. 3. On the other hand, Shri Mishra, learned advocate appearing on behalf of the concerned workman relying upon the order passed by the Hon'ble Supreme Court in the case of National Labour Union vs. S.E. Narmada Project Construction and Another dated 23.2.2016 passed in Special Leave Petition (Civil) No. 15561557 of 2013 has submitted that original workman shall not be entitled to regularization from the date of his initial appointment and/or w.e.f. 31.08.1994 as ordered by the learned Labour Court confirmed by the learned Single Judge in that case also, as the respondent workman is working as daily wager peon since 1984 even otherwise he shall be entitled to benefit of Government Resolution dated 17.10.1988 and therefore, he has requested to modify the impugned judgment and order passed by the learned Single Judge as well as judgment and award passed by the learned Labour Court. He has submitted that in the aforesaid decision, the Hon'ble Supreme Court has quashed and set aside the judgment and order passed by the High Court denying minimum of the pay along with dearness allowance and directed that the concerned workman be paid the benefit of the conditions of service as incorporated in Government Resolution dated 17.10.1988 depending upon the length of service that they had put in on the date of award and as on date. To the aforesaid submission made by the learned advocate for the workman, Shri Munshawa, learned advocate for the appellants has requested to pass appropriate order. However, has reiterated that impugned judgment and order passed by the learned Single Judge confirming the judgment and award passed by the learned Labour Court granting regularizing cannot be sustained. 4. Having heard the learned advocates for the respective parties at length and it is not in dispute that as such the respondent workman is serving as daily wager peon since 1984, even otherwise he shall be entitled to the benefit of Government Resolution dated 17.10.1988. It is not disputed by the learned counsel for the appellants that respondent workman shall not be entitled to the benefit of Government Resolution dated 17.10.1988 as a daily wager peon. Therefore, even if the impugned judgment and order passed by the learned Single Judge confirming the judgment and award passed by the Labour Court granting regularization w.e.f 1.1.2002 is set aside, in that case also, the concerned workman shall be entitled to benefit of Government Resolution dated 17.10.1988 while serving as a daily wager peon. 5. In view of the above and considering the decision of the Hon'ble Supreme Court in the case of National Labour Union (supra), by which, the Hon'ble Supreme Court directed the concerned department to grant benefit of the conditions of service as incorporated in the aforesaid Government Resolution dated 17.10.1988 depending upon the length of service that they had put in on the date of award and as on date, we, therefore, set aside the impugned judgment and order passed by the learned Single Judge and modify the award of the learned Labour Court to the above extent, meaning thereby, that the respondent workman shall be entitled to all benefit in terms of para 3 and 4 of the Government Resolution dated 17.10.1988. Such benefit will be w.e.f. the date of judgment and award passed by the Labour Court dated 09.12.2003. The present appeal is partly allowed to the aforesaid extent. Whatever the benefit flowing from the present order be paid actually to the concerned workman within a period of two months from today, failing which it shall carry the interest at the rate of 9% p.a. Present appeal is allowed to the aforesaid extent. No costs.