H.K.RATHOD
EXECUTIVE ENGINEER – Appellant
Versus
HARISINGH MODHBHAI GADHVI – Respondent
( 1 ) HEARD learned Assistant Government pleader Ms. Sandhya Natani for the petitioner and Mr. H. S. Mulia, learned advocate appearing for respondent workman in this petition.
( 2 ) THROUGH this petition, petitioner is challenging the award made by the Labour court, Surendranagar, in Reference (L. C. S.)No. 77 of 2001 dated 05. 1. 2007 whereby labour Court has allowed the reference in part and granted reinstatement in favour of the workman concerned without back wages for interim period by directing the petitioner establishment to reinstate the workman concerned on his post within thirty days from the date of publication of award without back wages for interim period.
( 3 ) LEARNED AGP Ms. Sandhya Natani for petitioner submits that before the Labour court, detailed reply was filed by the petitioner wherein none of the averments made in the statement of claim were admitted. The petitioner had disputed working days and working years of the respondent workman. Continuous service of the workman concerned was also denied by the petitioner. According to the petitioner, in seniority register, name of the present respondent is not noted and, therefore, he is not considered
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