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2002 Supreme(Guj) 308

H.K.RATHOD
NAVSARI DISTRICT PANCHAYAT – Appellant
Versus
SUMANBHAI MORARBHAI PATEL – Respondent


Advocates Appeared: H.D.Dave, KALPESH M.PANDIT, M.G.DOSHIT

H. K. RATHOD, J.

( 1 ) HEARD Mr. M. G. Doshit, learned advocate appearing on behalf of the petitioner and Mr. K. M. Pandit, learned advocate for respondent No. 1 - workman as well as Mr. H. D. Dave, learned AGP for respondent No. 2.

( 2 ) THE petitioner has challenged the award dated 28th January, 2000 passed by the Labour Court, Navsari in Reference [lcn] No. 28/ 1985 wherein, the labour court has set aside the termination order and granted reinstatement with continuity of service with 50 % backwages of interim period. Learned advocate Mr. Doshit on behalf of the petitioner has mainly raised two contentions before this Court. The first contention is the Panchayat is sovereign function of the State and therefore, Industrial Disputes Act is not applicable to the petitioner. The second contention is that the respondent workman has an alternative effective statutory remedy of an Appeal available under the provisions of Section 11 of the Gujarat Civil Services Tribunal Act, 1972 but the workman has not availed such remedy and therefore, the Reference is bad and the Labour Court has committed gross error in passing such award which is without jurisdiction. Mr. Doshit, learned advocate ha














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