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2015 Supreme(Guj) 228

R.P.DHOLARIA
Botad Nagar Palika – Appellant
Versus
K. P. Nathani – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:D.M. Thakkar, Advocate for Thakkar Assoc.
For Respondents/Defendant:T.R. Mishra, Advocate

JUDGMENT

R.P. Dholaria, J.

1. By way of the present petition, the petitioner has challenged the award dated 13.4.2006 passed by the Labour Court, Bhavnagar in Reference (LCB) No. 253 of 1994 whereby the Labour Court directed the petitioner to reinstate the respondent workman in service with 50% back wages. The facts of the present petition are that the respondent workman was working as Rojamdar and he was paid wage of Rs. 32.20 paise per day. He was given appointment for 29 days. After completion of 29 days, the petitioner Nagar Palika used to extend the appointment order for further period of 29 days after passing appropriate resolutions. On 9.1.1993 the services of the workman came to be terminated. The respondent workman raised industrial dispute in the year 1994 by filing statement of claim before the Labour Court, Bhavnagar. He claimed reinstatement with full back wages. The petitioner denied the claim of the workman by filing written statement. It is stated in the written statement that the workman was appointed on ad hoc basis for 29 days and if work was available, the said period was extended from time to time. Therefore, there was no question of issuing notice pay before ret






















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