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2003 Supreme(Guj) 540

H.K.RATHOD
MATHEW M. S. – Appellant
Versus
MANAGER, M. J. INTERNATIONAL – Respondent


Advocates Appeared: A.R.Thakkar, K.J.BRAHMBHATT, VASUBEN SHAH

H. K. RATHOD, J.

( 1 ) HEARD learned advocate Mr. A. R. Thakkar for the petitioner and Ms. K. J. Brahmbhatt for the respondent. In this petition, the petitioner workman has challenged the award made by the labour court concerned in Reference No. 1750 of 1987 dated 13th November, 1992 wherein the reference made at the instance of the workman was dismissed by the labour court, Rajkot.

( 2 ) LEARNED advocate Mr. Thakkar for the petitioner workman has submitted that the labour court has committed grave error in rejecting the reference. He also submitted that the facts were admitted by the respondents before the labour court as appearing from paragraph 6 that the name of the petitioner has been struck off from the muster roll without complying with the provisions of section 25f of the Industrial Disputes Act, 1947. He submitted that in view of such admission of the respondent, it ought to have been held by the labour court that the action of the respondent was violative of section 25f of the ID Act, 1947. According to the submissions made by Mr. Thakkar, once the name of the petitioner has been struck off from the muster roll, it amounts to retrenchment within the meaning of section 2 (o












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