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2018 Supreme(Guj) 388

K.M.THAKER
Ashima Spinfab – Appellant
Versus
Shyamji Dayashankar Mishra – Respondent


Advocates Appeared:
For the Petitioner:Mr. Varun K.Patel, Advocate
For the Respondent:Mr. T.R. Mishra, Advocate

JUDGMENT :

1. Heard Mr. K.M. Patel, learned Senior Counsel and Mr. Mishra, learned advocate for the respondent.

2. In present petition the petitioner has prayed, inter alia that:-

“5(a) Your Lordships be pleased to issue a writ of certiorari and/or any other appropriate writ, order or direction in the like nature quashing and setting aside the judgment and order dated 3.8.2002 passed by the Labour Court in T-Application No. 388/1998 at Annexure-G, the judgment and order dated 20.7.2004 passed by the Industrial Court in Appeal (IC) No. 112/2002 at Annexure-H; and the judgment and order dated 24.1.2008 of the Industrial Court passed in Review Application No. 13/2004 at Annexure-J”

3. So far as factual backdrop is concerned it has emerged from the record that the petitioner company engaged present respondent in January 1998. The petitioner company styled the respondent and his appointment as appointment of the respondent as “Trainee”. The appointment order dated 29.1.1998 described the respondent as “trainee”.

3.1 The appointment order specified that the respondent was engaged for period of three months as trainee and that he shall be paid Rs.80/- per day.

3.2 The company terminated service




























































































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