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2017 Supreme(Guj) 317

K.M.THAKER
Gautamkumar Ugamshibhai Chauhan – Appellant
Versus
Gujarat State Energy Corp. Ltd. – Respondent


Advocates Appeared:
For the Appellant : T.R. Mishra
For the Respondents: Dipak R. Dave

JUDGMENT :

K.M. Thaker, J.

1. Heard Mr. Mishra, learned advocate for the petitioner, and Mr. Dave, learned advocate for the respondent.

2. In present petition, the petitioner has placed under challenge award dated 21.3.2003 passed by learned Labour Court at Ahmedabad in Reference (LCA) No. 884 of 1997 whereby the learned Labour Court dismissed the reference and rejected the relief prayed for by present petitioner.

3. So far as factual background is concerned, it has emerged from the record and from rival submissions by learned advocates for the contesting parties that present petitioner had raised industrial dispute with the allegation that the opponent board terminated his service illegally and arbitrarily. Appropriate government referred the dispute for adjudication by learned Labour Court at Ahmedabad. The dispute came to be registered as Reference (LCA) No. 884 of 1997. The terms of reference required learned Labour Court to decide as to whether the claimant should be reinstated in service on his original post with backwages. So as to justify his demand, the claimant averred and alleged in his statement of claim that he was appointed by the board on 3.8.1994 as Supervisor (Cleaning



























































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