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2005 Supreme(SC) 1396

S.N.VARIAVA, P.P.NAOLEKAR
Surendranagar District Panchayat – Appellant
Versus
Dahyabhai Amarsinh – Respondent


Judgment

P.P. Naolekar, J.—Leave granted.

2. This appeal is directed against the Judgment of the Division Bench of the High Court confirming the order of the Single Judge and that of the Industrial Tribunal whereby the appellant was directed to reinstate the respondent. The brief facts of the case are that the services of the respondent was terminated by an order dated 15.8.1985. On 1.6.1992, i.e., nearly after 7 years the respondent sent a Demand Notice to the appellant and ultimately the dispute of termination of service of Respondent was referred to the Industrial Tribunal. The respondent filed a claim petition alleging therein that he was in service of the appellant for more than ten years at the wages of Rs. 10/- per day till he had been terminated by an order dated 5.7.1985. It is alleged that before the order of termination was issued, provisions of the Industrial Disputes Act were not complied with. An application was moved before the Labour Court for direction to the employer-appellant to produce muster roll, salary register from the year 1976 to 1986. The appellant entered appearance and filed its counter alleging that the respondent himself stopped coming to work; that the















































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