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2007 Supreme(Guj) 332

H.K.RATHOD
EXECUTIVE ENGINEER (STORES) – Appellant
Versus
HARSHA M. JANI – Respondent


Advocates appeared
Mr. Shivang Shukla AGP for Petitioners None for Respondent(s): 1,

ORAL JUDGMENT

1. Heard learned AGP Mr. Shivang Shukla for the petitioners.

2. Through this petition under Article 227 of the Constitution of India, petitioner has challenged the award of Labour Court, Ahmedabad in Reference No. 679 of 1997 dated 21st July, 2006 wherein the labour court has partly allowed the reference, granted reinstatement with continuity of service without back wages for interim period.

3. During the course of hearing, learned AGP Mr. Shukla raised contention that the respondent has not completed 240 days continuous service within the year as required under section 25(B) of the ID Act, 1947. He also submitted that from 21st September, 1983 to 20th March, 1984, only 120 days continuous service has been rendered by the workman and, therefore, the labour court has committed gross error in granting benefit in favour of the workman. He also submitted that the respondent has not produced any documentary evidence on record to prove completion of 240 days continuous service before the labour court and, therefore, labour court has committed gross error in granting relief in favour of the workman. He also submitted that there is no termination order issued by the petitioner















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