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2015 Supreme(Guj) 492

K.S.JHAVERI, ABDULLAH GULAMAHMED URAIZEE
Rajula Nagarpalika – Appellant
Versus
Kamleshbhai Bhikhubhai Mehta – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Vinita S. Vinayak
For the Respondents: T.R. Mishra

Judgment

K.S. Jhaveri, J.

1. Admit. With the consent of learned Advocates for both the sides, matter is taken up for hearing today.

The present appeal arises from the judgment and order dated 25.11.2014 passed by the learned Single Judge in Special Civil Application No. 12519 of 2010 wherein the writ petition was dismissed by the learned Single Judge and the award passed by the Labour Court was confirmed. The Labour Court passed award reinstating the workman with full backwages vide award dated 1.7.2010.

The learned Single Judge vide judgment and order dated 25.11.2014 had directed as under:

"... Thus, the plain and simple reading of these observations cannot be considered as a license conferred upon the petitioner to discharge or terminate the employee without following minimum of the law in form of section 25-F and other provisions of I.D. Act. It is indeed unfortunate that the observations of this Court have been misconstrued or attempted to be breached, as if it was a permission to discharge the employee. The Court has in ah unequivocal terms recorded that the discharge or termination shall be made only after following the procedure of law. Therefore, the emphasis placed upon these










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