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2005 Supreme(SC) 503

N.S.HEGDE, B.P.SINGH, S.B.SINHA
Bank Of Baroda – Appellant
Versus
Ghemarbhai Harjibhai Rabari – Respondent


Judgment

Santosh Hegde, J.—This appeal arises out of a reference made to the Central Industrial Tribunal, Ahmedabad, in regard to the termination of services of the respondent herein. Said reference culminated in an award directing the appellant herein to reinstate the respondent herein in service at his original post with continuity of service and full backwages. A challenge to the said award made before a learned Single Judge of the Gujarat High Court by way of a writ petition came to be dismissed. A further appeal filed before a Division Bench of the same High Court also came to be dismissed, hence, this appeal.

2. Before the Industrial Tribunal, the respondent claimed that he was working with the appellant-bank as a driver on a salary of Rs. 1,500 p.m. driving a car belonging to the bank allotted to one of its offi­cers by name Mr. Menon. He claimed that he worked in that capacity from June, 1994 to October, 1995, and the salary paid to him was debited to the account of the bank in its books. He also claimed that from October, 1995 his services were illegally terminated without paying any compensation under Section 25A of the Industrial Disputes Act, (the Act) and in violation of










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