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2007 Supreme(Guj) 561

H.K.RATHOD
SURENDRANAGAR DISTRICT MILK PRODUCTS UNION LIMITED – Appellant
Versus
KIRTIBHAI KASTURBHAI PUNJARA – Respondent


Advocates Appeared: Keyur Gandhi, T.R.MISHRA, U.T.MISHRA

H. K. RATHOD, J.

( 1 ) HEARD learned advocate Mr. Keyur gandhi for Nanavaty Associates for the petitioner and learned advocate i Mr. T. R. Mishra for respondent.

( 2 ) IN the present petition, the petitioner has challenged the order passed by Labour court, Surendranagar in Recovery application No. 130 of 2005 dated 22. 9. 2006. The Labour Court has allowed the said Recovery Application with a direction to the petitioner to pay rs. 4,80,703/- from date of application with 6% simple interest, within a period of 30 days from the date of receiving the copy of said order.

( 3 ) THE respondent - workman, Shri K. K. Pujara, was suspended by the petitioner on 28. 5. 1998. He was transferred at chotila Selling Centre on 20. 10. 1996. The misconduct as alleged by the petitioner is that after his transfer at Chotila Selling centre, he was not performing any duty and remained absent in the place of working and also remained absent without pay. Thereafter, he signed the muster after having collusion with other employees. Therefore, it was decided by the petitioner to hold departmental inquiry against the respondent. Therefore, petitioner is having apprehension that if during the pendency of inq































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