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2000 Supreme(Guj) 609

H.K.RATHOD
DEPUTY EXECUTIVE ENGINEER – Appellant
Versus
SUKHABHAI GANDABHAI – Respondent


Advocates Appeared: SEJAL MANDALIA, Thakkar Associates

H. K. RATHOD, J.

( 1 ) LEARNED advocate Ms. Mandavia is appearing for the petitioner. Learned advocate Mr. D. M. Thakkar is appearing for M/s. Thakkar Associates for respondent No. 1 to 3. Rule, Mr. D. M. Thakker Learned Advocate on behalf of respondents waives the service of rule with the consent of both the Learned Advocates, the matter has been taken up for final hearing today. In the present petition, the award passed by the Labour Court, Surat in Reference No. 247, 248 and 265 of 1985 dated 30th September, 1998 has been challenged wherein, the Labour Court, Surat has granted reinstatement with continuity of service with full back wages of interim period. The respondents were appointed as a Seaman in the year 1980 and remained in service up to 6th August, 1983 and their service were terminated on 6th August, 1983. The said termination orders were challenged by the respondents-workmen before the Labour Court, Surat in Reference No. 247, 248 and 265 of 1985. The statement of claim was filed by the respondents-workmen and reply was submitted by the petitioner. Ms. Mandavia, the learned advocate appearing for the petitioner has contended that the labour court has committed error in














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