( 1 ) HEARD learned Advocate Mrs. Sangeeta N. Pahwa for M/s. Thakkar Associates for the petitioner.

( 2 ) THROUGH this petition under Article 227 of the Constitution of India, the petitioner has challenged the award made by the labour Court, Amreli in Reference (LCA) NO. 87 of 2001 dated 3. 8. 2007 wherein the labour court has granted reinstatement in favour of the respondent workman with continuity of service with 30% back wages with costs of Rs. 1500. 00 to be paid to the respondent workman.

( 3 ) LEARNED Advocate Mrs. Pahwa for the petitioner raised contention before this court that the services of the respondent were terminated on 30. 4. 95 and he raised an industrial dispute in the year 2001. As per her submission, no new person was engaged by the petitioner. Labour court has not given reasons in support of its conclusion. Work was not available with the petitioner, therefore, services of the respondent were terminated, thereafter, no fresh recruitment was made by the petitioner as per the averments made by the petitioner in the written statement filed before the labour court. As per her submission, labour court has erred in law in not going into the question as to whether the

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