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2015 Supreme(Guj) 294

S.G.SHAH
Banco Products (India) Limited – Appellant
Versus
Kamleshbhai Ishwarbhai Panchal – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Varun K. Patel, Advocate.
For Respondents/Defendant:Vandana L. Bhatt, Advocate.

JUDGMENT

S.G. Shah, J.

1. These special applications are admitted by order dated 17th April, 2013. Before that while issuing notice by order dated 25th February, 2015 ad-interim relief was granted so far continuity of service and back wages are concerned, on condition that the reinstatement will be affected before the returnable date. Whereas on 17th April, 2013 when matter was admitted, it is observed that after the interim protection granted by this Court, employment was offered to respondent workman, but he has chosen not to report. Thereby the only issue which remains to be decided in this application is regarding the legality and validity of the impugned judgment and order dated 30th July, 2012 by Labour Court of Vadodara in Reference (LCV) No. 294 of 2006. By such impugned judgment and order, Labour Court has allowed the reference forwarded to it on 14th July, 2006 by the Labour Commissioner, Vadodara to the effect that whether respondent No. 1 should be reinstated in services with back wages or not. The Labour Court, after hearing all the parties and after considering the rival submissions and available evidence on record, concluded that the dismissal of the respondent is ille



























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