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1972 Supreme(Guj) 30

D.A.DESAI, P.N.BHAGWATI
DAHYABHAI RANCHHODDAS SHAH – Appellant
Versus
JAYANTILAL MOHANLAL – Respondent


Advocates Appeared: C.T.DAN, S.N.SHELAT

P. N. BHAGWATI, D. A. DESAI, J.

( 1 ) THE main question raised in this petition is about the jurisdiction of the Labour Court under sec. 33c (2) of the Industrial Disputes Act 1947 The petitioner herein made an application to the Labour Court at Ahmedabad which came up for disposal before the Second Labour Court at Ahmedabad alleging therein that respondents Nos. 2 and 3 who were carrying on business in the name of respondent No. 1 closed the undertaking with effect from 13th November 1966; and consequently discharged the petitioner from service. The petitioner requested the Labour Court to compute his retrenchment compensation to which he was entitled to according to him under sec. 25fff of the Industrial Disputes Act. The respondent contested the application inter alia contending that the petitioner was not discharged from service as contended by him; but his services were terminated on 12th November 1966 because of his old age and therefore he was not entitled to compensation under sec. 25fff. It also appears to have been contended before the Labour Court that as the closure of the undertaking is not admitted an issue would arise whether services of the petitioner were terminated













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