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1999 Supreme(Guj) 554

H.K.RATHOD
OIL AND NATURAL GAS COMMISSION – Appellant
Versus
D. C. SHUKLA – Respondent


Advocates Appeared: I.S.SUPEHIA, RAJNI H.MEHTA

H. K. RATHOD, J.

( 1 ) LEARNED Advocate Mr. R. H. Mehta is appearing for the petitioner, ONGC. Learned advocate Mr. I. S. Supehia is appearing for the respondent workman. The respondent workman has raised industrial dispute being Reference (ITC) No. 37 of 1987 before the Industrial Tribunal Ahmedabad, Ahmedabad. The exact terms of the reference are as under :"whether the management of ONGC is justified in terminating the services of Shri D. C. SHukla, Jr. Technician (Elect), Mehsana, w. e. f. 9. 3. 84 ? If not, what relief Shri Shukla is entitled to?"before the industrial tribunal ("the tribunal " for short), the union has filed the statement of claim vide Exh. 7 and the written statement was filed by the petitioner - Oil and Natural Gas Commission ("the Commission" for short) vide Exh. 9. The workman was examined as witness before the Tribunal on 12. 1. 1988 at Exh. 27 and, thereafter, three witnesses were examined by the petitioner Commission before the Tribunal namely Shri Balakrisna Nair (11. 3. 88 Exh. 23), Shri Jayantibhai Melabhai Vasava (11. 4. 88 Exh. 41) and Shri Jayantibhai Mafabhai Parmar (26. 4. 88 Exh. 46 ). It was the case of the workman before the tribunal that he ha


















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